Marsupial Miscalculation – obvious risk and the allocation of resources under the Civil Liability Act

Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 In February 2014, a landing aircraft collided with a kangaroo at Kempsey Aerodrome and was damaged. The owners of the aircraft Five Star Medical Centre Pty Ltd sued the owner of the airport Kempsey Shire Council in the District Court of NSW. The […]

Autonomous vehicles: insurance and product liability implications on land and on the high seas

Wotton + Kearney partner, Belinda Henningham, along with Peter Allchorne, Wendy Hopkins, Olya Melnitchouk, Andrew Parker and Toby Vallance from our Legalign Global Alliance partner firm, DAC Beachcroft, explore whether the insurance industry is ready for the potential shift in policy coverage relating to autonomous vehicles and crewless ships. Belinda states that”…should the Australian Federal […]

Balancing contractual intention and legislative rights: The case of the peripatetic pilots

As published in the November 2017 issue of Law Talk, the official magazine of the New Zealand Law Society. Wotton + Kearney’s Auckland Partner Rebecca Scott and Solicitor Ines Shennan review the Supreme Court of New Zealand’s decision involving the termination of employment of two pilots on the grounds of retirement age in Brown & […]

Shippers to ensure air carriers informed of special handling requirements for sensitive cargo

Singapore Airlines Cargo Pte Ltd v Principle International Pty Ltd [2017] NSWCA 216 What you need to know Shippers/exporters must exercise care to comply with their regulatory requirements for cargo handling and ensure the air carrier is informed of any known special carrying conditions or instructions – such as positioning of cargo in the hold. […]

Reasonable care and recklessness in insurance policies – proceed with caution!

The anticipated NSW Court of Appeal decision of Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd [2016] NSWCA 67 highlights the current approach to insurance policy interpretation. Policies are read as commercial contracts and a businesslike interpretation should be applied to policy terms. The Court of Appeal also examined recklessness and […]

What is sufficient knowledge for the purpose of a road authority’s immunity from civil liability?

The NSW Court of Appeal’s recent decision in Nightingale v Blacktown City Council [2015] NSWCA 423 has provided increased certainty of the level of “actual knowledge” of a risk that must be established in order to defeat a section 45 defence. The case has significant ramifications for plaintiffs seeking to sue road authorities. In order […]