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Insurers to indemnify for bulk notifications of a “problem”
In Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited, the Federal Court of Australia ruled that the insured Plaintiff was entitled to indemnity by relying on a bulk notification of a “problem”. This decision confirms several important principles related to the notification of circumstances in Australia.
Play nice with AFCA… or else
ASIC v General Commercial demonstrates that, in circumstances of significant contraventions, AFCA will refer licence holders to ASIC for investigation and a successful prosecution can result in the imposition of considerable penalties and restraints.
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.
Kennedys ranks in latest Doyle's Guide for leading insurance firms and lawyers
November's publication of the 2022 Doyle's Guide directory covering all Australian states has seen Kennedys continue its ranking success.
Case review 07/11/2022
So long for now, but not necessarily auf wiedersehn, adieu… the Sharma appeal and what happens next for climate duty
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment  FCA 560, the 2021 Federal Court decision which elicited a resounding hallelujah and heralded a new era of climate duty, has been overturned on appeal to the Full Federal Court.
Case review 12/09/2022
The burning question: how can combustible cladding be BCA compliant?
In a rare cladding decision, the NSW Supreme Court in Strata Plan 92450 v JKN Para 1 Pty Ltd recently determined that the Plaintiff failed to demonstrate the use of combustible cladding on a building was a breach of the Building Code of Australia. Llinos Kent, Emily Schneider and Stephen Cremean review the decision and its implications for insurers and insureds.
Will climate change cause a crisis in the insurance market in Australia?
Caught in the throes of an unrelenting El Nino/La Nina cycle, the Climate Council has warned that the mounting cost of natural disasters could leave 1 in every 25 properties in Australia high risk and uninsurable by 2030. In this article we explore the costs of, possible responses to and exposure lines of insurance have to climate change.
Rewriting the risk: Addressing the challenge of climate change
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
Construction Brief: limitation insights July 2022
Section 135 of the Building Safety Act 2022 came into force last month (June 2022), increasing UK limitation periods for claims brought in connection with unsafe buildings. In addition to this recent development here in the UK, we highlight two other articles on the application of limitation from our lawyers in Scotland and Australia.
A building action's limitation period commences from the date the occupancy permit is first used
The Court of Appeal in Lendlease Engineering Pty Ltd v Owners Corporation No 1  VSCA 105 has unanimously allowed a builder’s appeal and confirmed that, under section 134 of the Building Act 1993 (Vic), the ten-year limitation period for a building action in respect of defective building work commences on the date an occupancy permit is first issued, not from when the final occupancy permit is issued.