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 on the building’s façade. It is anticipated that the Tribunal’s decision will have far-reaching consequences for strata property owners, all building professionals involved in domestic construction projects that have used combustible ACP cladding, and those parties’ respective insurer interests.

We review this landmark decision, in which Wotton + Kearney acted for the Applicants.

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