No novel duty owed: Full Federal Court upholds Minister’s appeal in Sharma

The Full Federal Court has unanimously overturned the landmark Sharma decision, which found the Commonwealth Minister for the Environment owed a duty of care to Australian children to avoid risk of personal injury when considering whether to approve a coalmine expansion. While this appeal concerned one Minister’s specific exercise of power under Commonwealth legislation – […]

La Niña declaration likely to herald rise in property claims

The Bureau of Meteorology has declared a La Niña weather event for the 2021-2022 summer. These events notoriously result in cyclones and other natural disasters, leading to tragic loss of life and billions in property claims costs. The current La Niña weather event undoubtedly will lead to a substantial increase in property damage and consequential […]

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

School successfully defends football head knock case

Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045 On 19 August 2021, the NSW Supreme Court dismissed a personal injury claim against a school, which followed the plaintiff’s ‘head knock’ collision with another student during a PE class. The decision was significant for insurers as it […]

Emerging Talent Series 2020/2021

The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.

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, […]

Insurance position helps halt PIPA claim

In a recent application heard before the Supreme Court of Queensland, a personal injuries claimant failed in his attempt to join a respondent to his PIPA pre-court claim outside of the legislative timeframe. The prospective respondent’s insurance position was highly relevant to the court’s dismissal of the application. In this case alert, Scott Macoun and […]

Wotton + Kearney announces a further 17 senior promotions

Wotton + Kearney is delighted to announce our most recent senior promotions in Australia and New Zealand, including two new partners – Angela Winkler and James Clohesy – and 15 senior lawyers, effective 1 January 2021. The latest promotions take the firm’s numbers to 44 partners and more than 220 dedicated insurance lawyers. Wotton + […]

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 […]