Construction + Infrastructure - Page 6 of 7

Articles, Case Alerts

Side-stepping Brookfield strategy fails in NSW Supreme Court

The NSW Supreme Court’s recent decision in Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWSC 130 involved a novel indirect causation and loss of opportunity claim brought in the context of a defective building dispute. While the case turned on evidential issues, it highlights the challenges faced when bringing claims for defective […]

By : Anja Vogel Feb 28, 2020 Comments Off

Articles

Informed Insurance: 2020 Predictions Report

We are pleased to share our latest Legalign Global thought leadership publication, Informed Insurance: 2020 Predictions, which has been launched in our region today. Aimed at supporting the global insurance market in preparing for the opportunities and challenges ahead, the report includes over 80 predictions by senior lawyers at the Legalign Global alliance firms, including Wotton […]

By : Anja Vogel Jan 29, 2020 Comments Off

Articles, Case Alerts

The combustible cladding crisis continues with Biowood

The New South Wales Civil and Administrative Tribunal (NCAT) decision in Taylor Construction has put the spotlight on another form of combustible cladding – Biowood. With NCAT accepting that Biowood is a combustible building material that poses an undue fire risk, the Taylor Construction decision has had widespread coverage within the residential strata property industry so owners’ corporations […]

By : Anja Vogel Jan 20, 2020 Comments Off

W+K News

Wotton Kearney recruits national EPL practice leader

Wotton Kearney is pleased to announce the appointment of Chris Mossman, a highly regarded workplace lawyer and commercial litigator, as a Partner and new leader of the firm’s Employment Practices Liability (EPL) practice, based in Sydney. Cain Jackson, leader of the firm’s Financial Lines practice commented: “In looking for a senior specialist to lead our […]

By : Anja Vogel Nov 25, 2019 Comments Off

Articles, Case Alerts

An honest day’s work for an honest day’s pay?

In this case, the High Court of Australia ruled a builder was not owed for variations for “work and labour done” after a building contract was terminated in Mann v Paterson Constructions Pty Ltd [2019] HCA 32. This decision shows that builders who fail to follow the formal variation process under the Act are at risk, as […]

By : Anja Vogel Oct 16, 2019 Comments Off

Articles, Case Alerts

Emerging General Liability Trends Update

Welcome to Wotton Kearney’s snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority liability claims. We also look […]

By : Anja Vogel Apr 18, 2019 Comments Off

Case Alerts

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]

By : Anja Vogel Mar 1, 2019 Comments Off

Case Alerts

NZ High Court decision could test dishonesty exclusions

Mainzeal Property v. Yan & Ors This week, the New Zealand High Court awarded $36m in damages against directors of Mainzeal, once one of New Zealand’s leading property and construction companies, including former Prime Minister Dame Jenny Shipley. The damages are the highest awarded for reckless trading in New Zealand’s history. The case raises a […]

By : Anja Vogel Feb 27, 2019 Comments Off

Articles

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

By : Anja Vogel Jan 10, 2019 Comments Off

Articles

Can courts order a prohibition on the indemnity of civil penalties?

At the end of the year the High Court will hear an application about whether the Federal Court has power to prohibit another person from indemnifying a respondent for their liability to pay a civil penalty. The question arises after Justice Mortimer of the Federal Court found a union organiser had breached the general protections […]

By : Sarah Wood Jul 5, 2017 Comments Off

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