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Article 23/03/2023
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.” It was found that the Plaintiff’s solicitor (Solicitor) deliberately tried to hide a subsequent accident (2nd Accident), vastly inflated the claim, failed to make proper discovery of documents and concealed the husband and wife relationship between himself and the Plaintiff. A personal costs order on indemnity scale was made against the Solicitor and the matter was referred to the Law Society for further investigation - Cheung Ka Man v Wong Yu Huen [2023] HKDC 370.
Article 08/03/2023
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
Article 13/02/2023
While many articles have discussed the potential impact of the Security Exchange Commission’s (“SEC”) proposed rule on climate-related disclosures for companies, their management, and professional lines insurers with a focus on financial disclosures, there are also areas of concern for general liability insurers. The rule will essentially be the first time the SEC will require companies to formally report about climate change risks when they make public filings.
News 09/01/2023
Aviva has announced the conclusion of the first comprehensive review of its defendant legal panel in 10 years.
Article 06/01/2023
A new year inevitably brings changes to existing laws and “time-limited demands” are no exception. Parties and jurists use different names to refer to such demands, including “time limit demands,” “policy limit demands,” or “time-limited settlement offers.” They may also take the form of statutory “998 Offers to Compromise” pursuant to California Code of Civil Procedure § 998, which often seek a specific amount equal to the limits of an insurance policy.
Article 23/11/2022
The Adult Survivors Act[1] (“ASA”), a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022 and provide a one-year window for individuals who were 18 or older at the time of the offense to file suit for previously time-barred sexual offense claims, regardless of when the alleged act occurred. The ASA will impact any entity that regularly interacts with adults in any capacity; thus, a significant influx of claims and lawsuits is anticipated.
Article 09/11/2022
Since 1 July 2021, defamation laws have introduced a requirement that a publication has caused (or is likely to cause) serious harm to a plaintiff’s reputation. In this article, we explore two recent judgments which are the first to apply the serious harm element and we discuss their implications.
Article 27/10/2022
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
Article 27/10/2022
We recently contributed an article to the Communications and Media Law Association’s Communications Law Bulletin on the use of juries in defamation proceedings in America and Australia. In light of an American jury’s recent 2022 verdict in favour of Johnny Depp, we consider the different positions – between America and Australia, and within Australia itself – in relation to the right to a trial by jury, as well as whether defamation proceedings are more suited to be tried by judge or jury.
Article 26/10/2022
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
