Model guidance for consistent national construction reforms

The ABCB has issued an Implementation Report and model guidance documents that address most of the recommendations contained in the 2018 Building Confidence Report. These developments are the latest in an ongoing effort to address building defects and failures Australia-wide. While significant consumer and industry benefits associated with consistent adoption of the model guidance have […]

Resource hub: Developments and updates in the building and construction industry

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 […]

Recent NCAT decision reinforces need for care around billing practices

Health Care Complaints Commission v Kolos [2022] NSWCATOD 46 The NSW Civil and Administrative Tribunal (NCAT) recently heard a complaint against a medical practitioner, which involved – among other things – allegations of inappropriate and excessive billing practices in breach of specific conditions on the practitioner’s registration. This case provides a timely reminder to all […]

How far does product liability indemnity for economic loss extend?

At the heart of a typical product liability policy is the embedded concept that the policy responds to injury to tangible property and its consequences. However, recent UK claims have tested whether product liability indemnity extends to damages for loss of profit arising from the loss of contracts. In this update, W+K product liability specialist […]

Button battery safety standards to become mandatory soon

On 22 June 2022, Australia’s world-first mandatory button battery safety standards come into effect, ending the 18-month transition period. Product liability insurers need to ensure their customers will comply with the new regime as failure to do so may result in legal action, penalties and recalls. In this update, W+K Product Liability specialists Trent O’Neill […]

Construction trends – checking the rear vision mirror while keeping an eye on the road ahead

The past year in the construction industry has been punctuated by a collection of legislative reforms, pandemic responses and technology advances. It’s also been a challenging time in which the industry has been dealing with the continued fallout from market-shaping events, such as the Lacrosse and Grenfell Tower fires, and heightened rates of insolvency. Against […]

When is a dangerous recreational activity risk obvious?

Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11 On 6 April 2022, the High Court addressed the dangerous recreational activity defence under the Civil Liability Act 2002 (NSW) with its decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11. In the decision, the majority of the […]

Treasury consults on new crypto asset licensing regime

On 21 March, the Treasury released a consultation paper about the regulation of secondary service providers of cryptocurrency assets (CSSPs). The consultation paper highlights the current ‘patchwork’ nature of regulation of crypto assets, noting that some crypto assets may already be subject to the existing Australian Financial Services (AFS) or consumer law frameworks. The paper […]

No novel duty owed: Full Federal Court upholds Minister’s appeal in Sharma

The Full Federal Court has unanimously overturned the landmark Sharma decision, which found the Commonwealth Minister for the Environment owed a duty of care to Australian children to avoid risk of personal injury when considering whether to approve a coalmine expansion. While this appeal concerned one Minister’s specific exercise of power under Commonwealth legislation – […]

The rising risks of shipping electric vehicles for shipowners, carriers and cargo interests

The significant uptake of electric vehicles (EVs) is not without risk. This is particularly true during shipping because of the potential fire hazards posed by lithium-ion batteries and the fact that EVs are not classified as dangerous goods on roll-on/roll-off vessels. Given the high value of damages associated with shipping fires, and the complexities of […]