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Case review 04/04/2023
In the recent decision of Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited, the Federal Court of Australia held that insurers could rely on a rainfall exclusion in a contract works policy on the basis of logic and business efficacy. This decision highlights that insureds and insurers should be careful to ensure that the level of cover they hold is adequate, and that policies are appropriately drafted and priced.
Article 08/03/2023
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
Report 30/01/2023
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Article 22/12/2022
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.
Article 28/10/2022
In 2020, the NSW Government implemented significant reforms focused on creating clear lines of accountability for defective building work. The reforms include the introduction of a statutory duty of care owed by ‘persons’ who carry out ‘construction work’ to take reasonable care to avoid economic loss caused by defects (Statutory Duty).
Article 27/10/2022
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
Case review 12/09/2022
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.
Case review 11/03/2021
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2021] SASCA 8
Kennedys in Australia, acted for the Respondent in this matter which saw the Court of Appeal continue to move away from a rigid approach to issues of uncertainty in contractual interpretation. Instead, the Court of Appeal favoured a more progressive approach that centred on commercial efficacy and a desire to uphold reasonable commercial bargains.
Report 11/02/2020
The current coronavirus outbreak (recently named COVID-19 by the World Health Organisation (WHO)) is dominating global headlines. Since it was first reported from Wuhan, China on 31 December 2019 it has spread to 25 countries, infected over 42,000 people and claimed over 1,000 lives.
Case review 14/06/2018
The Victorian Supreme Court decision challenges clauses that propose to impose limits on claims under the Australian Consumer Law and is particularly relevant for insurers in assessing their exposure in recovery actions or in defending claims under the consumer law.
