The recent introduction of certification and registration obligations for building consultants contained in various pieces of NSW legislation have the potential to cause confusion for those caught by the multiple...
Section 54 of the Insurance Contracts Act 1984 (Cth) is a powerful remedial provision which may excuse a lack of proper notification where a policy has a deeming provision. However,...
Insurers were successful in avoiding a professional indemnity policy on the basis of the insured's fraudulent misrepresentation and non-disclosure in the recent case of Esined No. 9 Pty Limited v...
A certifier recently lost his appeal in the ACT's Court of Appeal over a claim by an owner in relation to building defects. The Court found that he was responsible...
A year ago, the Neo200 building was engulfed in flames. One year on, the building's fire engineer, Bruce Thomas, has failed in his bid to side-step disciplinary proceedings brought against...
While delays in project progress and completion are common in the construction industry, the circumstances leading to the delay can rarely be foreseen at time of commencement.
Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 The NSW Supreme Court has recently found that the 10-year long-stop period for building actions imposed by s6.20...
The proceeding arose from the high-profile fire at a storage warehouse in West Footscray. The warehouse contained large quantities of toxic chemicals, and the fire had a severe impact on...
On 25 October 2019 the Victorian Court of Appeal handed down a decision which provides some clarification on the need for claimants to satisfy the 'significant injury' threshold in claims...
Lander & Rogers previously published two articles regarding the successful defence of a claim against insurers for alleged wrongful declinature based on Perils Exclusion 6(c)(i) and/or 6(c)(ii) of an ISR...
Dalby Bio-Refinery Ltd (Dalby) was insured under an ISR Mark IV Policy issued by Allianz Australia Insurance Limited, Ace Insurance Limited (now Chubb Insurance) and Zurich Australian Insurance Limited (together,...
In April, Marvel's Avengers weren't the only ones wielding power. ASIC and APRA were also showing off their powers, both new and old. The regulators are unlikely to set the...
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