Wotton + Kearney recruits national EPL practice leader

Wotton + Kearney is pleased to announce the appointment of Chris Mossman, a highly regarded workplace lawyer and commercial litigator, as a Partner and new leader of the firm’s Employment Practices Liability (EPL) practice, based in Sydney. Cain Jackson, leader of the firm’s Financial Lines practice commented: “In looking for a senior specialist to lead […]

GL Update – key trends and emerging risks in general liability insurance

Welcome to Wotton + Kearney’s GL Update – a snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority […]

Employee Class Actions: New claims in the flexible employment economy

The gig economy is reshaping employee class actions, with recent decisions classifying independent contractors and casual workers as employees. Historically, employee class actions were the monopoly of the union movement. But with the waning of union membership and influence, and the rise of the gig economy and large numbers of casual workers, litigation funders are […]

Is it reasonable to do nothing in response to a foreseeable risk?

Last week the ACT Court of Appeal found in favour of an occupier of a car park in a negligence case: Jennings v George Harcourt Management Pty Ltd [2018] ACTCA 50. The decision is a reminder that the issues of ‘foreseeable risk’ and ‘reasonable response’ must not be conflated when considering whether a party has […]

W+K awarded with the ANZIIF 2017 EE Vines Memorial Award

Congratulations to Wotton + Kearney Partners, Charles Simon and Richard Johnson who were awarded with the ANZIIF 2017 EE Vines Memorial Award, for their article “Concussion in Sport: Insurers be Alert, Not Alarmed”. The award has been in place since 1956 and recognises the most meritorious article written by ANZIIF members as selected by the Journal […]

On the Nose – Detecting Brain Injury

Imagine if brain trauma such as concussion could be detected instantly in an athlete through the sense of smell? In Part Five of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) comment on this developing technological advancement and its significance on insurers, […]

Wearables and Health Tracking – An Insurer’s Dream or Nightmare?

Wearables such as FitBits are turning our bodies into real-time health data sources. In Part Three of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) provide commentary on the impending impact of this technology on the insurance landscape. Wouldn’t it be incredible […]

Brain injury in sport: the new ‘asbestos’?

A growing area of risk for underwriters is in the area of delayed onset brain injury related to contact sports. Richard Johnson, Partner at Wotton + Kearney, explores this highly topical issue and the implications for the insurance industry What is delayed onset brain injury? Mike Webster played centre for the Pittsburgh Steelers of the […]

Recreational activities uncoloured under the Civil Liability Act: They include professional sports

Charles Simon (Partner) and Jacqueline Grace (Senior Associate) consider the NSW Supreme Court decision of Goode v Angland [2016] NSWSC 1014, which provides a ray of sunshine for insurers of professional sporting clubs seeking to rely on the dangerous recreational activity/obvious risk defences available in NSW under the Civil Liability Act (NSW) 2005.

“Blick” outlook for cyclists – ACT Court of Appeal upholds $1.7 million judgment

Charles Simon (Partner) and Michael Milton (Special Counsel) consider the recent ACT Court of Appeal decision in Blick v Franklin [2016] ACTCA17, which provides a tale of caution for cyclists, liability underwriters and defendants preparing (or not preparing) expert evidence.