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 […]
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 […]
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 […]
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 […]
New Zealand tax residents are generally required to pay tax on their worldwide income, even if they do not bring it into New Zealand or another country has already deducted tax. As intergovernmental tax transparency agreements and treaties have improved the flow of information across borders, there is an increased risk of professional negligence claims […]
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 […]
In January 2020, the NSW Government announced its legislative strategy to restore public confidence in the building sector by 2025. The next phase has now commenced with the introduction of four proposed changes to the legislative framework. The proposed bills and regulations are open for public consultation and will be introduced in NSW Parliament in […]
Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 2) [2022] NSWSC 1368 When the Design and Building Practitioners Act 2020 (NSW) (DBP Act) came into effect, section 37 imposed a new duty on building practitioners and persons who carry out construction work to exercise reasonable care to avoid economic loss to building owners, including […]
Soft Technology JR Limited v Jones Lang Lasalle Limited [2022] NZCA 353 Weber v Hastings District Council [2022] NZHC 1405 The New Zealand courts have recently had their say on two significant aspects of the law relating to real estate agents. The Court of Appeal’s decision in Soft Technology JR Limited v Jones Lang Lasalle […]
With construction industry participants seeing an increase in costs, rise and fall clauses have been floated as a solution for easing current cost pressures. Essentially, a rise and fall clause in a construction contract shifts key project pricing risks from the contractor to the principal. In this update, W+K’s Construction PI specialists Aaron Bolton, Robert […]
