Articles

Proposed changes to Victoria’s building regulatory system are likely to increase consumer protections – but what will it mean for builders, relevant building surveyors and design professionals?

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 […]

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By : Dec 5, 2024 Comments Off on Proposed changes to Victoria’s building regulatory system are likely to increase consumer protections – but what will it mean for builders, relevant building surveyors and design professionals?
Articles

Limitation period for statutory building warranty claims

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 […]

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By : Nov 5, 2024 Comments Off on Limitation period for statutory building warranty claims
Articles

A closer look at Cladding Safety Victoria’s ‘Compliance in building design’ report

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 […]

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By : Aug 13, 2024 Comments Off on A closer look at Cladding Safety Victoria’s ‘Compliance in building design’ report
Case Alerts

Requirements for late knowledge in claims of limitation: lessons from the Court of Appeal

By: Richard Flinn and Laura Glasson Rea v Auckland Council [2024] NZCA 313 In the recent decision of Rea v Auckland Council [2024] NZCA 313, the Court of Appeal provides a useful analysis of the elements required to assess when time starts to run for the purpose of assessing limitation, and in particular, for the […]

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By : Jul 30, 2024 Comments Off on Requirements for late knowledge in claims of limitation: lessons from the Court of Appeal
Case Alerts

New duty of care: is Pafburn a knockout blow for proportionate liability defences?

By: Charu Stevenson and Hamshini Sathiyamoorthy The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 At a glance From June 2020, section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) introduced a new duty of care on those who carried out “construction work”. This article considers […]

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By : Jan 15, 2024 Comments Off on New duty of care: is Pafburn a knockout blow for proportionate liability defences?
Articles

Proposed NSW ‘fitness for purpose’ obligation creates an additional layer of liability for engineers

At a glance The NSW Government has proposed a practice standard for engineers, which includes imposing a new obligation to ensure that designs for professional engineering work are “fit for purpose”. However, the existing regulatory framework for professional engineering work within the Design and Building Practitioners Act 2020 NSW (DBP Act) and Regulation already deals […]

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By : Oct 16, 2023 Comments Off on Proposed NSW ‘fitness for purpose’ obligation creates an additional layer of liability for engineers
Case Alerts

Federal Court makes significant Opal Tower liability policy ruling

WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] FCA 1157 At a glance On 28 September 2023, the Federal Court of Australia found a liability policy covered a sub-contracting engineer and opened up double insurance claims. The case involved claims against WSP, the structural engineer for Sydney’s Opal Tower […]

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By : Oct 11, 2023 Comments Off on Federal Court makes significant Opal Tower liability policy ruling
Articles

Recent legislative and research developments in the silicosis space

There have been two significant developments in the silicosis space this week. On Wednesday, Parliament tabled the National Occupational Respiratory Disease Registry Bill 2023. If passed, the legislation will establish a national register for recording all incidents of occupational dust disease. The initiative is based on the recommendation of the National Dust Disease Taskforce and […]

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By : Jun 23, 2023 Comments Off on Recent legislative and research developments in the silicosis space
Articles

Resource hub: Developments and updates in the building and construction industry

Australia is seeing sweeping state-based legislative reform intended to regain public confidence in the building and construction industry. For example, in NSW, the Design and Building Practitioners Act 2020 will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are insured. In contrast, the […]

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By : Apr 29, 2023 Comments Off on Resource hub: Developments and updates in the building and construction industry
Case Alerts

When it rains it pours – Full Federal Court hands down ‘common sense’ decision

Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47 On 28 March 2023, the Full Federal Court handed down its judgment on a separate question concerning the operation of an exclusion for damage to contract works caused by rain. The separate question was brought by the Acciona and Ferrovial joint venture […]

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By : Mar 30, 2023 Comments Off on When it rains it pours – Full Federal Court hands down ‘common sense’ decision

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