Legal developments in the building and construction industry

Wotton + Kearney Construction PI specialists Nick Lux and Robert Finnigan feature in the October issue of NIBA Insurance Adviser magazine to provide an update on Australia’s building and construction industry reforms, including key regulatory and risk developments affecting the sector and their implications for insurance brokers. This includes sweeping state-based legislative reform intended to […]

High Court confirms Facebook page operators are liable for defamatory third-party comments

Fairfax Media Publications, Nationwide News and the Australian News Channel are currently being sued for defamation in separate proceedings by Dylan Voller, a former detainee in a juvenile justice detention centre, over third-party comments made about him on their Facebook pages. Before determining whether the Facebook comments were defamatory, the NSW Supreme Court ordered that […]

Draft amendments to the UCT legislation

The expected changes to the UCT legislation are nearly upon us and have now been released in draft form. The purpose of the draft release is to provide a snapshot of the changes if the bill is passed and provide interested parties the opportunity to consult with the Treasury on the same. Given the bill […]

NSW Supreme Court provides guidance on the insolvency test

The NSW Supreme Court recently dismissed two cases brought by various lenders against officers and employees of the failed steel giant Arrium. W+K’s Dean Pinto and Stephen Morrissey look at the useful guidance the Bank of Communications decision provides for insurers on the application of the insolvency test in section 95A of the Corporations Act […]

NSW Court of Appeal offers further guidance on when notified facts give rise to a claim

With the recent Kauter Investments decision, the NSW Court of Appeal has provided further guidance on prior notified facts that might give rise to a claim. In this article, W+K’s Charu Stevenson and Yen Tan examine the implications of this decision for insurers and provide a comparative table of previous authorities as a comprehensive guide […]

New Conduct and Client Care Rules create compliance risks for NZ solicitors

The new Conduct and Client Care Rules are coming into force on 1 July 2021. They bring with them some significant changes that are likely to impact on solicitors’ negligence risks. In this article, W+K’s Rebecca Scott and Julia Whitehead provide a brief overview of the changes and look at some of the issues they […]

Why the Lacrosse appeal raises new questions about professional indemnity risks

Following our summary of the Lacrosse appeal decision last week, our PI and Construction teams have examined the key issues addressed by the Court, including liability apportionment, Building Code of Australia requirements and the use of the peer professional opinion defence. In this article, W+K partners Nick Lux and Andrew Brennan provide in-depth analysis of […]

Lacrosse appeal [largely] upholds initial landmark decision

Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 of PS613436T & Ors [2021] VSCA 72 The Victorian Court of Appeal handed down its much-anticipated judgment in the Lacrosse matter on 26 March, essentially upholding the trial judge’s findings in the landmark 2019 decision. At a headline level, the Court of Appeal: […]

NZ Insurance Market Trends Update

Welcome to Wotton + Kearney’s NZ Insurance Market Trends Update, our biannual snapshot of legal trends and developments impacting claims managers, underwriters, brokers and corporates operating in the New Zealand market. In this edition, we look at the impact of recent matters in the areas of D&O claims, representative actions and EPL. We provide updates […]