Construction + Infrastructure Archives

Articles, Case Alerts

GL Update – key trends and emerging risks in general liability insurance

Welcome to Wotton + Kearney’s GL Update – a snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority […]

By : Johnny Spiller Apr 18, 2019 No Comment

Case Alerts

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

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 […]

By : Johnny Spiller Mar 1, 2019 No Comment

Case Alerts

NZ High Court decision could test dishonesty exclusions

Mainzeal Property v. Yan & Ors This week, the New Zealand High Court awarded $36m in damages against directors of Mainzeal, once one of New Zealand’s leading property and construction companies, including former Prime Minister Dame Jenny Shipley. The damages are the highest awarded for reckless trading in New Zealand’s history. The case raises a […]

By : Johnny Spiller Feb 27, 2019 No Comment

Articles

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

By : Johnny Spiller Jan 10, 2019 No Comment

Articles

Can courts order a prohibition on the indemnity of civil penalties?

At the end of the year the High Court will hear an application about whether the Federal Court has power to prohibit another person from indemnifying a respondent for their liability to pay a civil penalty. The question arises after Justice Mortimer of the Federal Court found a union organiser had breached the general protections […]

By : Sarah Wood Jul 5, 2017 No Comment

Case Alerts

Relief for builders and their insurers! Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288

In a decision that will no doubt be greeted with relief by builders and their insurers, on 8 October 2014 the High Court of Australia delivered its much awaited decision in Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288 [2014] HCA 36. The High Court has determined that there is no common […]

By : Sean O Connor Oct 8, 2014 No Comment

Articles

Proportionate liability, arbitration and insurance cover – can we have it all?

Sean O’Connor shares his thoughts on the relationship between proportionate liability, arbitration and insurance cover in this article published in Australasian Lawyer magazine.

By : Sean O Connor May 15, 2014 No Comment