Insights Insights
  1. (Not) Testing 1, 2, (Not) Testing

    9 August 2022 | Insurance & Health Law

    Hot on the heels of the recent Building Appeals Board of Victoria decision that we covered here, the Supreme Court of New South Wales confirms that despite the NSW Fair Trading ban on Aluminium Composite panels (ACPs) with a polyethylene core of 30% or...

  2. Cricket fans rest assured, the match might be a scorcher, but the stadium won’t be

    1 August 2022 | Insurance & Health Law

    The Building Appeals Board of Victoria has handed down its determination of a compliance assessment for cladding installed at the Northern Stand of the Melbourne Cricket Ground. The decision demonstrates a willingness by the Board to view cladding issues with an open mind and consider a...

  3. Victorian Supreme Court of Appeal clarifies limitation period commencement under s 134 of the Building Act 1993 (Vic)

    8 July 2022 | Insurance & Health Law

    The Victorian Supreme Court of Appeal has provided helpful judicial determination of s 134 of the Building Act 1993 (Vic). The Court of Appeal found the limitation period for actions brought under the Building Act is within 10 years of the date an occupancy permit was first issued with respect to...

  4. Developers with the ability to exercise “substantive control” over construction work may owe a duty of care under s 37 the Design and Building Practitioners Act

    24 June 2022 | Insurance & Health Law

    The NSW Supreme Court reviewed the scope of a developer’s duty under the Design and Building Practitioners Act 2020 (NSW), and found that a developer owed a duty in circumstances where it was able to control how construction work was performed, and that it can still owe a duty even in...

  5. Supreme Court of NSW clarifies the scope of the statutory duty of care under the DBP Act

    8 June 2022 | Insurance & Health Law

    The NSW Supreme Court clarified that the scope of the statutory duty of care under the DBP Act extends to beyond class 2 buildings. The decision demonstrates that the statutory duty under the DBP Act has a much wider application as it applies to almost all types of buildings.

  6. Who and when to sue in the zoo

    6 June 2022 | Insurance & Health Law

    A scaffolding contractor on a building site was liable for injuries to the employee of a sub- contractor, and its defence that the claim was statute barred was rejected.

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