Construction and Infrastructure

Case Alerts

‘Direct claims’ down the drain: Much needed clarity on the Licensed Plumbers General Insurance Order

By: Stuart Moore, Nicholas Graham and Taylor Mullins O’Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 The recent Victorian Court of Appeal’s decision in O’Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 provides much needed clarity on the oft-misunderstood Licensed Plumbers General Insurance Order 2002 (Vic) (Ministerial Order) – a Victorian […]

By : Joshua Weiler May 1, 2026 Comments Off

WK News

Successful Defence of $1.5 Billion Federal Court Class Action

Wotton Kearny acted for the second respondent, HVG Pty Ltd – the Australian distributor of Alucobond PE and PLUS aluminium composite panels – in a Federal Court of Australia class action widely known as the “Alucobond Class Action”. Judgment was handed down today in favour of HVG and the other respondent. We are delighted with […]

By : Joshua Weiler Mar 27, 2026 Comments Off

Case Alerts

Drawing the line: aggregation, ambiguity and strict liability

By: Marcus Saw and Romel Tallow Owners Corporation 1 Plan No. PS 650567Y v Shangri-La Construction Pty Ltd [2026] VSC 117 At a glance The decision of the Supreme Court of Victoria in Owners Corporation 1 Plan No. PS 650567Y v Shangri-La Construction Pty Ltd [2026] VSC 117 (16 March 2026) is a salient reminder […]

By : Joshua Weiler Mar 23, 2026 Comments Off

Case Alerts

Kapila: Proportionate liability not available for s37 DBPA claims

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 : Joshua Weiler Nov 11, 2025 Comments Off

Case Alerts, Thought Leadership

Quantum in construction claims is on the rise: Key factors and ways to mitigate

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 : Joshua Weiler Nov 3, 2025 Comments Off

Articles

From ‘joint and several’ to proportionate liability in the building sector: A movement towards the Australian model

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 […]

By : Joshua Weiler Sep 10, 2025 Comments Off

WK News

A new chapter of leadership for our Property, Energy and Infrastructure team

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 : Joshua Weiler Jun 30, 2025 Comments Off

Articles

Court of Appeal gives Victoria the “green light” for subrogated cladding recovery actions

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 : Joshua Weiler Apr 28, 2025 Comments Off

Articles

Whodunnit: Labour hire and vicarious liability

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 : Joshua Weiler Apr 9, 2025 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

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