Worldwide: Professional Negligence

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Article
Broker Negligence, Hypothetical Cover And Section 54
The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.
Australia Insurance
GC
Gilchrist Connell
Article
Asset Management Disputes In Construction: Wear And Tear – Or A Systemic Defect Hiding In Plain Sight?
Asset management disputes in construction often emerge years after handover when repeated failures reveal underlying design or construction problems rather than simple maintenance issues. This article examines how to distinguish between ordinary wear and tear and systemic defects, exploring the legal frameworks, timing pressures, and strategic approaches that determine whether recurring problems represent routine deterioration or inherited liability.
Australia Wealth Mgt
HR
Holding Redlich
Article
The Expanding Scope Of Developer And Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.
Australia Real Estate
S
Swaab
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