The Supreme Court’s recent decision to refuse leave for the plaintiff to amend its List Statement in an alleged building defects claim has reinforced the fact that the statutory duty of care created under the DBP Act is assessed by the usual principles of negligence and does not require a higher standard be met. W+K’s […]
A recent decision to uphold a NCAT appeal decision has provided a useful judicial articulation of some of the relevant clauses from the Building Code of Australia regarding cladding compliance. The decision also provides further clarity about the ‘attachment’ exception which, in certain circumstances, permits the use of combustible cladding. W+K’s Marcus Saw looks at […]
Four senior lawyers – Naraya Lamart (Partner), Edward Burrell (Special Counsel), Rachel White (Senior Associate) and Jacinta Fox (Senior Associate) have joined Wotton Kearney’s preeminent Property, Construction and Energy team. These appointments reflect the latest chapter in the team’s significant growth story over the past few years, which also includes two partner promotions in June […]
Wotton Kearney Construction PI specialists Nick Lux and Robert Finnigan feature in the October issue of NIBA Insurance Adviser magazine to provide an update on Australia’s building and construction industry reforms, including key regulatory and risk developments affecting the sector and their implications for insurance brokers. This includes sweeping state-based legislative reform intended to regain […]
As construction shuts down in NSW today and tradespeople down tools as a result of further COVID-19 restrictions across Greater Sydney, there are many questions that remain unanswered. In this update, W+K’s Sian Gilbert, Chris Mossman and Chris Spain, assisted by Ella Lim, look at the options available to construction employers, including standing down employees, […]
On 21 June 2021, the High Court handed down its substantive decision on the application of a leaky defect exclusion against a mixed defect claim in Napier City Council v Riskpool. The High Court upheld Riskpool’s declinature of a defective building claim for Waterfront Apartments by Napier City Council. In doing so, it addressed issues […]
The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.
Following our summary of the Lacrosse appeal decision last week, our PI and Construction teams have examined the key issues addressed by the Court, including liability apportionment, Building Code of Australia requirements and the use of the peer professional opinion defence. In this article, W+K partners Nick Lux and Andrew Brennan provide in-depth analysis of […]
Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 of PS613436T & Ors [2021] VSCA 72 The Victorian Court of Appeal handed down its much-anticipated judgment in the Lacrosse matter on 26 March, essentially upholding the trial judge’s findings in the landmark 2019 decision. At a headline level, the Court of Appeal: […]
Welcome to Wotton Kearney’s NZ Insurance Market Trends Update, our biannual snapshot of legal trends and developments impacting claims managers, underwriters, brokers and corporates operating in the New Zealand market. In this edition, we look at the impact of recent matters in the areas of D&O claims, representative actions and EPL. We provide updates on […]
