Inquiries, Investigations and Prosecutions

Articles, Case Alerts

Are prior circumstances a thing of the past?

By: Thomas Cavanagh and Gina Groskops Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8 At a glance The Full Federal Court has overturned the decision of Justice Lee1 and confirmed that Allianz Australia Insurance Limited (Allianz) was entitled to decline indemnity to Uniting Church in Australia Property Trust (NSW) (UCPT) for […]

By : Joshua Weiler Feb 27, 2025 Comments Off

Articles

High Court rejects extending vicarious liability beyond employment

By: Richard Leder OAM, Sean O’Connor, Rhyse Collins and Deniz Coskundag Bird v DP [2024] HCA 41 | View previous article summarising the decision At a glance The High Court unanimously found that the Diocese of Ballarat was not vicariously liable for the tortious conduct of one of its priests against the respondent when he […]

By : Joshua Weiler Nov 21, 2024 Comments Off

Case Alerts

Breaking: Historic decision handed down by the High Court of Australia

At a glance This morning the High Court of Australia handed down three groundbreaking judgments in the institutional abuse space – Bird v DP, RC v Salvation Army (WA) Property Trust and Willmot v State of QLD. These decisions will have a significant impact on the ability of abuse survivors to recover damages and will […]

By : Joshua Weiler Nov 13, 2024 Comments Off

Articles

Queensland Supreme Court grants another permanent stay of proceedings in historical sexual abuse case

ADA v State of Queensland [2023] QSC 159 On 24 July 2023, the Queensland Supreme Court granted a permanent stay of proceedings involving two allegations of sexual abuse that were alleged to have occurred in 1968 and 1973. The claims were made against the State of Queensland but will have equal standing against similar cases […]

By : Anja Vogel Aug 2, 2023 Comments Off

Articles

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 of […]

By : Anja Vogel Feb 16, 2021 Comments Off

W+K News

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, statutory […]

By : Anja Vogel Jan 28, 2021 Comments Off

Articles, Thought Leadership

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 […]

By : Anja Vogel Dec 11, 2020 Comments Off

Case Alerts

High Court finds police have an implied right to enter land to investigate the occupants

On 9 December 2020, the High Court handed down its decision in Roy v O’Neill [2020] HCA 45. The decision confirms police have an implied right to enter land to investigate the occupants by speaking with them, as long as the entrance onto the property is not for the sole purpose of subjecting the occupant […]

By : Anja Vogel Dec 10, 2020 Comments Off

Articles, Case Alerts, Thought Leadership, W+K News

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 you […]

By : Anja Vogel Jun 1, 2020 Comments Off

Articles

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 […]

By : Anja Vogel Mar 20, 2020 Comments Off

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