Resource hub: Legislative reform of the building and construction industry in NSW

The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the building and construction industry. The new legislation, in particular the Design and Building Practitioners Act 2020, will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are […]

Defamation law overhaul looks promising for insurers

Australia’s Attorneys-General have agreed to a major overhaul of Australia’s defamation laws, with the proposed changes in the Defamation Amendment Bill 2020 intended to rein in defamation claims and provide some proportionality between costs and damages. In this update, W+K’s Rob Finnigan and David Frew look how these changes should assist insurers in assessing defamation […]

A new duty of care changes the liability landscape – the impact of the Design and Building Practitioners Bill 2020

With the Design and Building Practitioners Bill 2020, the NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In this update, W+K’s Andrew Moore, Robert Finnigan and Chris Knight look at the key issues for insurers created by the introduction of mandatory compliance declarations by construction […]

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 […]

NSW Court of Appeal provides guidance on limitation periods for actions against valuers

Wotton + Kearney acted for a valuation firm in proceedings commenced in the Supreme Court of NSW regarding its valuation of a property at Wallalong, NSW. The valuers successfully applied to have a limitation defence determined as a separate question, and the matter was removed to the NSW Court of Appeal. The NSW Court of […]

NSW Supreme Court refuses leave to sue court-appointed liquidators

Wotton + Kearney acted for the court-appointed liquidators in response to an application for leave to commence proceedings against them for alleged negligence and misleading or deceptive conduct. The NSW Supreme Court dismissed the leave application and the proceedings with costs. In this case alert, Cain Jackson, Patrick Boardman and Stephen Morrissey explain why this […]

W+K’s Jessica Chapman wins AILA’s inaugural Gill Award

We are delighted to announce that Jessica Chapman, a lawyer in W+K’s Sydney Financial Lines team, has won the Australian Insurance Law Association’s (AILA) inaugural Gill Award, which recognises lawyers for their research on issues that could affect the industry’s future. In her award submission, Jessica wrote and presented on: Decrypting crypto: The state of […]

A practical guide on managing EPL exposures caused by COVID-19 for insurers, insureds and brokers

The coronavirus (COVID-19) is having a significant and immediate impact on the entire workforce. Unfortunately, there are daily stories of mass redundancies, closures of businesses and stand down of workers. This guide provides practical advice for EPL insurers, insureds and brokers on how they can meet the insurance challenges created by the virus. W+K EPL […]

COVID-19 and D&O Liability

The Coronavirus Economic Response Package Omnibus Bill 2020 (CERPO Bill) and recent ASIC statements have put focus on management liability issues arising from the COVID-19 crisis. The CERPO Bill provides some temporary relief for directors as they navigate the uncharted territory caused by COVID-19, particularly in addressing insolvency risk. In this update, Cain Jackson and […]

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 […]