COVID-19 Resource Centre

Wotton + Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page […]

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]

Informed Insurance: 2020 Predictions Report

We are pleased to share our latest Legalign Global thought leadership publication, Informed Insurance: 2020 Predictions, which has been launched in our region today. Aimed at supporting the global insurance market in preparing for the opportunities and challenges ahead, the report includes over 80 predictions by senior lawyers at the Legalign Global alliance firms, including Wotton […]

W+K APIG Scholarship – Submissions now open

Submissions are now open for both the Australian and New Zealand 2019 W+K APIG Scholarships. Established to support the career development of insurance professionals practising in PI and financial lines insurance in each country, the recipients will benefit from an outstanding sponsorship package and educational experience as recognition for their contribution to the industry. Full […]

NSW EPA concedes more protection for individuals subject to “special executive liability”

In recent years, the issue of environmental protection has grown in importance.  As a result, the powers of the NSW Environmental Protection Authority (the EPA) to investigate and prosecute environmental offenders (including corporations and individuals) are being increasingly applied. Last month in Fordham v EPA [2018] NSWCA 167, the EPA clarified that any responses provided […]

ASIC bolsters cross border powers with landmark agreement

The Australian Securities and Investments Commission (ASIC) recently announced that it has become one of the first signatories to a new co-operative agreement between leading international securities regulators in the UK, USA, Hong Kong, British Columbia and Singapore. In our article “ASIC Bolsters Cross Border Powers With Landmark Agreement”, Special Counsel Naomi Miller reviews the […]

Lost Years: The High Court rules on whether future pension entitlements are recoverable

On 13 June 2018, the High Court held that loss of future superannuation pension payments may be compensated as loss of earning capacity, but that the loss of future aged pension payments are not. In this update, our Melbourne team of Allison Hunt (Special Counsel), Andrew Seiter (Partner) and Jackson Pannam (Associate) explore the circumstances […]

Competing Class Actions – the Court considers how best to address the problem

With the increasing number of litigation funders and plaintiff class action law firms, the threat of multiple competing class actions in respect of the same issues and the associated increased costs are an ever increasing risk for both insurers and insureds alike.  The recent Federal Court decision of Justice Lee in Perera v GetSwift Ltd […]

Million dollar penalty imposed on licensee for systemic failures to address best interests duty

First time the Court has imposed a penalty on an Australian Financial Services Licensee (Licensee) for breaches of the best interests duty On 30 March 2017, Justice Moshinsky of the Federal Court of Australia (Court) delivered judgment, declaring multiple breaches of s961K(2) and s961L of Corporations Act 2001 (Act) by Licensee, NSG Services Pty Ltd […]