By: Marcus Saw and Tobias Campbell Kapila v Monument Building Group Pty Ltd [2025] NSWSC 1306 At a glance In late 2024, in a split 4:3 decision in Pafburn Pty Ltd v The Owners—Strata Plan No 84764 (HCA Decision), the High Court dismissed an appeal from The Owners—Strata Plan No 84674 v Pafburn Pty Ltd […]
By: Wes Rose and Sarah Metcalfe Introduction Despite construction inflation settling in the years immediately following the COVID-19 pandemic, construction inflation is again increasing across Australia.1 In addition to construction inflation increases, we are also seeing an increase in the quantum of construction claims. Various factors are contributing to this, including labour shortages, the ongoing shortage […]
By: Jack Murison and Filip Nikolic Background On 18 August 2025, the New Zealand Government announced several proposed changes to the Building Act 2004 and the consent process as part of its wider plan to make building in New Zealand cheaper and more efficient. These changes are wide-ranging, targeting several steps, roles, and responsibilities across […]
Wotton Kearney is pleased to share some important news about the leadership of our Property, Energy and Infrastructure team, effective 1 July 2025. After eight years of leading the team, Adam Chylek will be stepping into a new strategic role within the firm. Under Adam’s guidance, the team has grown significantly, expanded into emerging markets, […]
By: Sarah Metcalfe State of Victoria (Department of Transport and Planning) v L.U. Simon Builders Pty Ltd & Ors At a glance In the subrogated recovery action brought by the State of Victoria against LU Simon and its directors in the County Court of Victoria (CI-23-03724) LU Simon argued that the State could not be […]
By: Angela Winkler and Chad Farah De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56 At a glance The Court of Appeal upheld that DMG was vicariously liable for the unidentified worker’s negligence, based on circumstantial evidence showing the worker was likely DMG’s direct employee. The Court overturned the trial judge’s finding and […]
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: Sarah Metcalfe, Andrew Brennan and Nick Lux At a glance The release of the Victorian Building Authority’s (VBA) independently commissioned report ‘Victorian Building Authority – The Case for Transformation’1 in October 2024 (VBA Report) provided the background to important reforms to the Victorian building regulatory regime recently announced by the Victorian Minister for Planning2 […]
By: Bill Conor and Julian Amato At a glance The court reaffirmed that claims for building defects made pursuant to the statutory warranties under section 32 of the Building Work Contractors Act 1995 (SA) must be filed within a strict 5-year period from practical completion, emphasising the Act’s balance between builder and homeowner interests. The 10-year […]
By: Sarah Metcalfe, Andrew Brennan and Nick Lux At a glance Cladding Safety Victoria (CSV) has released a report investigating who is responsible for the use of non-compliant combustible cladding in Victoria. CSV reviewed original plans and permits for 1,000 privately owned apartment buildings and concluded that responsibility for the ‘widespread misapplication of Victoria’s regulatory […]
