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. 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...

  3. 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.

  4. 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.

  5. When can a building owner hold a subcontractor liable for incorrect advice?

    3 June 2022 | Insurance & Health Law

    The Supreme Court of Victoria considered a strike out application by a subcontracted engineer in relation to proceedings issued by a building owner.

  6. Separating the Biowood from the ACPs - An Update

    17 November 2021 | Insurance & Health Law

    Supreme Court endorses the finding of the NSW Civil and Administrative Tribunal (Tribunal) Appeal Panel’s decision that Biowood installed on a residential building in Ryde constitutes in an “undue risk” of fire under the Building Code of...

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