Case Alerts - Wotton Kearney

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, Case Alerts

Davis v Wilson: The bar for successful shareholder class actions gets higher and higher

By: Amanda Beattie and Zoe Jones At a glance Following its decisions in other shareholder class actions late 2023 and 2024, the Federal Court has handed down yet another unfavourable decision for shareholders (Davis v Wilson [2025] FCA 108). The claim alleged that Quintis’ CEO, Frank Wilson, and its auditor, Ernst & Young, engaged in […]

By : Joshua Weiler Feb 26, 2025 Comments Off

Articles, Case Alerts

Successful ‘declassing’ application in Waller Legal class action: Implications for institutional defendants?

By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance The Supreme Court of Victoria has granted an application made by a defendant (Waller Legal) for a claim to no longer proceed as a group proceeding. The claim made by the lead plaintiff, Jane Jones (a pseudonym) alleged that Waller Legal breached its duty […]

By : Joshua Weiler Feb 20, 2025 Comments Off

Articles, Case Alerts

Full Federal Court backs privilege protections in voluntary disclosures to ASIC

By: Amanda Beattie and Gavin Davies. At a glance The Full Federal Court has determined that disclosure of a privileged expert report to ASIC in accordance with a voluntary disclosure agreement (VDA) did not amount to a waiver of privilege. This decision restores confidence in VDAs as a valuable tool for companies cooperating with ASIC […]

By : Joshua Weiler Feb 11, 2025 Comments Off

Articles, Case Alerts

ASIC v Union Standard International Group Pty Ltd – the extra-territorial reach of an Australian Financial Service Licensee’s obligation to act efficiently, honestly and fairly

By: Cain Jackson and Samantha Younane ASIC v Union Standard International Group Pty Ltd (No 4) [2024] FCA 1481 At a glance The Federal Court has determined that the obligation to act efficiently, honestly and fairly extends to services provided to clients outside Australia. The decision highlights risks for AFSLs providing products like CFDs to […]

By : Joshua Weiler Jan 20, 2025 Comments Off

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Federal Court judge finds John Pesutto defamed Moira Deeming

By: Georgie Austin and Deniz Coskundag Deeming v Pesutto (No 3) [2024] FCA 1430 At a glance Parliamentary Member Ms Moira Deeming was awarded $300,000 in damages after the Federal Court ruled that she was defamed by a series of statements and media interviews made by Victorian Opposition Leader Mr John Pesutto, following a rally […]

By : Joshua Weiler Dec 17, 2024 Comments Off

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Victorian Court of Appeal allows Western Bulldogs’ appeal against damages award

By: Richard Leder, Jacquie Goodwin, Blake Pappas and Deniz Coskundag Footscray Football Club Ltd v Adam Kneale [2024] VSCA 314 At a glance The Victorian Court of Appeal has allowed the Club’s appeal against the quantum of Mr Kneale’s general damages and economic loss claim, significantly reducing the jury’s $5.9 million award of damages to […]

By : Joshua Weiler Dec 13, 2024 Comments Off

Articles, Case Alerts

Pafburn: High Court ruling reshapes liability for developers and builders under the DBP Act

By: Charu Stevenson, James Clohesy and Chris Knight Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49 At a glance The High Court ruled that developers and builders cannot rely on proportionate liability defences for breaches of the DBP Act duty of care due to its non-delegable nature. The decision […]

By : Joshua Weiler Dec 12, 2024 Comments Off

Articles, Case Alerts

Defendant bears a heavy burden in proving unfair trial for successful stay applications

By: Greg Carruthers-Smith, Gemma Burke and Maria Canon RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 At a glance The High Court of Australia has allowed an appeal to set aside a judgment staying civil proceedings relating to alleged sexual abuse occurring in 1959/60. The death of the perpetrator and the […]

By : Joshua Weiler Dec 3, 2024 Comments Off

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Privacy and Other Legislation Amendment Bill 2024 passed

By: Kieran Doyle, Nicole Gabryk and Rakhee Dullabh At a glance Most parts of the Privacy and Other Legislation Amendment Bill 2024 (Cth) start the day after Royal Assent. However, APP1 changes for automated decision-making take effect in 24 months, and the new statutory tort for serious invasions of privacy starts within 6 months or […]

By : Joshua Weiler Nov 29, 2024 Comments Off

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