The next phase of building reform in NSW begins

In January 2020, the NSW Government announced its legislative strategy to restore public confidence in the building sector by 2025. The next phase has now commenced with the introduction of four proposed changes to the legislative framework. The proposed bills and regulations are open for public consultation and will be introduced in NSW Parliament in […]

Rushing the Australian transition to renewable energy adds risk for all players

Following Australia’s east coast energy crisis, the Minister for Climate Change and Energy announced a faster transition to renewable energy. To meet the government’s goals, Australia is moving at a break-neck pace to transition to renewables, and insurance players are watching closely as new risk patterns emerge. Property, Energy + Infrastructure partner Edward Burrell and […]

Latent Defects Insurance likely to be a game-changer in NSW

A new insurance product, Latent Defects Insurance (LDI), is set to transform the insurance framework for high-rise residential buildings – especially if it becomes mandatory in New South Wales. This major development is aimed at restoring consumer confidence in the NSW residential construction industry in the context of the state’s “building compliance crisis” and its […]

The future of cladding claims

The NSW Government’s framework to address high-risk combustible cladding remains a live issue plagued by confusion around the application of the product ban on combustible Aluminium Composite Panels (ACPs). The NSW Auditor General’s recent report found that uncertainty persists around compliance and how councils have interpreted the product ban. This has resulted in costly and […]

Respect@Work: A positive duty to prevent sexual harassment

In early 2022, the Albanese government committed to implementing and legislating all 55 of the recommendations of the Australian Human Rights Commission’s Respect@Work Report. On 27 September 2022, the government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, which seeks to implement seven of the 55 recommendations to strengthen laws […]

Changes affecting personal injury claims in Queensland from 31 October 2022

Today, the remaining provisions of the Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (the Amendment Act) came into force. These amend the Personal Injuries Proceedings Act 2002, the Legal Profession Act 2007 and the Workers’ Compensation and Rehabilitation Act 2003. The amendments, together with the provisions that were already in force from the […]

Proposed new jurisdictional limits for NSW District Court

On 19 October, NSW Attorney General Mark Speakman introduced the District Court Amendment Bill 2022. The Bill proposes to change the Court’s: civil jurisdictional limit from $750,000 to $1,250,000 equity jurisdictional limit from $20,000 to $100,000, and jurisdictional limit applying to temporary injunctions from $20,000 to $100,000. As indicated in the Second Reading, the Bill […]

A knockout blow? The current state of CTE and concussion litigation in Australia and around the world

The discovery of CTE in American National Football League players in the early 2000s was a body blow to the professional and amateur sporting landscapes around the world. While little is still known about the causative effects of CTE, sporting organisations, schools, community groups and their insurers have proactively responded to the emerging risk. This […]

Informed Insurance 2022/2023 – Unlocking the potential of ESG: resilience, sustainability and collaboration

Without question, ESG has become a global priority. The risks affecting insureds’ environmental, social and governance (ESG) performance are well-documented and include greenwashing, climate change, war, supply chain issues and cyberattacks. This report by our Legalign Global alliance partners looks at how collaboration between insurers, businesses and regulators is the key to ensuring resilience in […]

Informed Insurance 2022/2023 – Collaboration: breaking the silos to mitigate risk

Collaborative action is essential to create a coherent ESG strategy and meet the ever-rising expectations of governments and society. This is especially the case as we see a transfer of responsibility from government to the private sector, driven by a mixture of legislation and case law, which is increasing vulnerabilities and potential liability. This report […]