In this issue

• High Court issues warning that prejudice cannot necessarily be cured by costs order
  
  
• Damages for Wrongful Birth Alive and Well
  
  
• Victorian Bushfires Royal Commission Interim Report
  
  
• Non-economic loss as at 1.10.09
  
  
• Question Time: Helena Golovanoff
  
  
• Kennedys News
  
  
• Events

High Court shifts responsibility away from publicans

A recent decision by the High Court signals a shift in decision making in favour of hoteliers facing claims arising from a patron's criminal conduct. Read more >

High Court grants
leave to appeal decision
of Gett v Tabet [2009]
NSWCA 76

Question Time:
Helena Golovanoff

Position:
Senior Associate
Joined Kennedys:
2006

Q1: When did you first think about becoming a lawyer?

A1: Sometime between watching Rafferty's Rules and Rumpole of the Bailey. I now appreciate that appearing in the Local Court is far from glamorous and Rumpole was a crotchety old alcoholic and far from what I aspire to be, but I was only 10 at the time. It just seemed to me that for someone with a lot to say for themselves, law was a good option.

Q2: What is your most memorable moment in your legal career?

A2: I can't answer that without defaming someone...

Q3: If you won the lottery what would you do with the money?

A3: I don't know if I should be embarrassed that my first response is: buy a new car. Like a worn out camel, my 1993 Subie needs to be taken out into the desert and shot. Then, after covering the 'funding gap' one of my not-for-profit clients presently faces on the much needed redevelopment of their premises, I will do some globe trotting (the list is long) and replace my road bike with some obscenely priced professionally spec'd dream machine which will provide me with something to talk about, but probably won't make me go any faster.

Read all the interview>


Kennedys News

Chris Finn joins the partnership at Kennedys

After joining the firm in 2007, as at 1 July 2009, Chris Finn became the tenth partner in the Kennedys Sydney office. Chris has broad insurance and commercial litigation experience including acting for Australian and overseas insurers in professional indemnity and D&O disputes, public liability disputes, product liability claims and large property/business interruption litigation. Chris has also acted for and advised corporations in trade practices related and commercial/ contractual disputes. Chris also advises insurers on policy drafting and interpretation issues and overseas reinsurers in both litigious and non-litigious matters.


Insight Quiz

"Insight Quote"

High Court issues warning that prejudice cannot necessarily be cured by costs order

In this casenote, Kennedys’ Lawyers Jane Eriksen and Jason Symons look at the High Court Judgment Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 (5 August 2009), and the importance of case management considerations and prejudice in today’s judicial system.
Read more >

Damages for Wrongful Birth Alive and Well

On 1 May 2009, the Court of Appeal of the Australian Capital Territory delivered its decision in the highly publicised case of G and M v Armellin, a claim for the wrongful birth of twins arising from an in vitro fertilisation procedure.
Read more >

Victorian Bushfires Royal Commission Fire Services Levy and Insurance Discussion Paper

In a follow-up to the article in the June edition of Insight on the Victorian Bushfire Royal Commission, Kennedys’ Lawyer Jason Symons analyses the Fire Services Levy and Insurance Discussion Paper released on 19 November 2009.
Read more >

Non-economic loss as at 1.10.09

(section 16 of the Civil Liability Act 2002)
New maximum amount $473,500 (old maximum amount $450,000)

Events

Kennedys’ Inaugural Spring Luncheon

On 18 September 2009, Kennedys hosted its inaugural Spring Lunch at ARIA restaurant, ideally positioned on the edge of Sydney Harbour. Celebrity chef, Matt Moran, not only created the gastronomic affair but also spoke to guests to introduce his seven-course degustation menu. ARIA's renowned head sommelier, Matthew Dunne, introduced the wines selected to accompany each course.

Kennedys’ partners and lawyers were joined by our clients, many from Australia's leading insurance companies and other players in the insurance industry.

The feedback has been overwhelming.

“Great food, great company and great concept”
“A brilliant, memorable event”
“An absolutely sensational occasion”

The success of the inaugural luncheon augurs well for what will be an annual event and a highlight in the social calendar for many in the insurance industry.

Women In Insurance AGM luncheon and Christmas Breakfast

On 23 October 2009, the Association for Women in Insurance treated guests to another fine luncheon in Cockle Bay Wharf. Guest speaker, Ita Buttrose, spoke on what it was like being an editor for Kerry Packer and News Corp and the challenges that women face today in relation to being promoted to senior positions in the workplace.

The WII Christmas Breakfast will be on 3 December 2009 where Tracy Bartram, Australian comedian and radio presenter, will be the guest presenter, bringing lots of laughter for the festive season. Our own Rebekah Giles is secretary of WII.

APIG National Conference and Christmas Party

On 7 September 2009, the annual APIG National Conference and Gala Dinner provided a fantastic forum for people from all sides of the professional & indemnity and D&O insurance market to meet and discuss how the market is looking today (and to catch up generally). As a gold sponsor of this event, we are proud to be associated with an event that allows us to hear from some of the industry leaders so that we stay at the forefront of this ever-changing market.

The NSW APIG Christmas Party was held this year at the Chophouse in Sydney on 26 November 2009. The event was a fantastic night enjoyed by many APIG members who revelled in the assortment of canapes and fine wines served by the specialist steakhouse.