Victorian government announces replacement of the Victorian Building Authority

By: Andrew Brennan, Sarah Metcalfe, Nick Lux and Jordan Bova At a glance The Victorian government will abolish and replace the Victorian Building Authority following an independent review that found significant management and cultural failures. A new regulator, the Building & Plumbing Commission, will be created by merging the Victorian Building Authority with other agencies, […]

2024 W+K APIG Scholarship – Australian applications now open

We’re pleased to continue our partnership with the APIG National Committee to bring you the 2024 W+K APIG Scholarship, supporting the career development of young APIG members practicing in financial lines insurance in Australia. For nine years, the annual scholarship has recognised emerging talent in the financial lines industry and connected the winner with a […]

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 […]

New considerations for permanent stays of proceedings in a post-GLJ world

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 At a glance On 1 November 2023, the High Court of Australia delivered its decision in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32, which we covered here. The […]

Get to know Thomas Cavanagh, new partner and financial services specialist

What made you decide to become a lawyer? Other than the usual desire to argue a point with everyone and shows like Boston Legal (aged very poorly, I know), I like the fact that the law is not actually made up of rigid principles but rather can be moulded to suit particular circumstances, and that’s […]

High Court appeal provides guidance on the application of law in historic child abuse cases

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 At a glance The High Court of Australia has today delivered judgment in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 and, by majority, has allowed an appeal from […]

REA’s refreshed complaint process

At a glance On 16 October 2023, the REA will adopt a new process for handling complaints against real estate agents. Under the new process, there will be an earlier opportunity for licensees to make their case to have a complaint dismissed. The REA is also adopting new timeframes for responses to complaints that have […]

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 […]

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 […]

High Court decision on luxury property serves as timely reminder for real estate agents

The High Court’s recent decision in James v Luxury Real Estate Limited involved an appeal from the District Court by the owners of a luxury property in Queenstown. The case concerned allegations of a breach of fiduciary duties and repudiation of a real estate agency agreement by the listing agency and agent. Ultimately, despite a […]