Contempt of court – when true crime podcasts and docuseries break the law

In recent years, documentary series like Netflix’s Making a Murderer and podcasts such as The Teacher’s Pet have proved wildly popular, with tens of millions of users streaming each worldwide. However, online publications like these are treated as being continuously published so they carry a higher risk of attracting contempt of court charges than printed […]

A knockout blow? The current state of CTE and concussion litigation in Australia and around the world

The discovery of CTE in American National Football League players in the early 2000s was a body blow to the professional and amateur sporting landscapes around the world. While little is still known about the causative effects of CTE, sporting organisations, schools, community groups and their insurers have proactively responded to the emerging risk. This […]

When is a dangerous recreational activity risk obvious?

Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11 On 6 April 2022, the High Court addressed the dangerous recreational activity defence under the Civil Liability Act 2002 (NSW) with its decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11. In the decision, the majority of the […]

New partner for W+K’s Cyber, Privacy and Data Security team

W+K’s Cyber, Privacy and Data Security team has further bolstered its market-leading reputation with the promotion of Wellington-based Joseph Fitzgerald to partner. Joseph, who has worked in both New Zealand and the UK, advises large sporting, health, education and infrastructure bodies, as well as SME and non-profit entities on cyber and data security risks. He […]

Sports and concussion liability – Legalign Global seminar

Sports concussion claims are sitting high on the agenda of insurers likely to be impacted by them. This global issue is gaining increasing exposure in the international media. On 9 March 2021, the UK Government launched a select committee to examine the scientific evidence and links between head injury and dementia across all sports where […]

NZ Insurance Market Trends Update

Welcome to Wotton + Kearney’s NZ Insurance Market Trends Update, our biannual snapshot of legal trends and developments impacting claims managers, underwriters, brokers and corporates operating in the New Zealand market. In this edition, we look at the impact of recent matters in the areas of D&O claims, representative actions and EPL. We provide updates […]

2021 Insurance Predictions Report

Wotton + Kearney is pleased to provide our 2021 Insurance Predictions Report, looking at the major trends and issues we expect will remain in the spotlight for the insurance industry in our region this year. It’s no surprise that this report addresses some of the horizon issues that we expect to face in the wake […]

Wotton + Kearney appoints two new female partners

Wotton + Kearney has appointed two new partners, Chantal van Grieken, a highly regarded general liability practitioner, and Sian Gilbert, an EPL Accredited Specialist. Chantal and Sian, who were formerly with HWL Ebsworth, will join the firm on 1 February 2021. Chantal is known for her expertise in the areas of public liability, workers actions, […]

Emerging General Liability Trends Update

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]

NSW Court of Appeal requires actual subjective intent to cause injury to exclude operation of the CLA

On 18 November 2020, the Court of Appeal handed down its decision in Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294. Wotton + Kearney acted for the Northern Lakes Rugby League Sport & Recreation Club Inc and Brendan Fletcher in their successful defence of the appeal proceedings. The decision […]