Insights Sectors: Construction

Oct 9, 2023

INSIGHT: Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]

Jul 28, 2023

INSIGHT: “Property Damage” – Sounds Simple, Right?

At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal injury to a third party. In many claims, determining whether there has been property damage will require nothing more than a cursory review of the allegations. In others, the enquiry can be far more complicated, as […]

Feb 22, 2023

INSIGHT: A change of heart on indemnity | a landmark High Court decision for insurers

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 Key takeaways The High Court has provided important guidance regarding the circumstances in which an insurer can depart from earlier representations made regarding the availability of cover. The duty of utmost good faith does not always prevent an insurer from retracting an […]

Jul 1, 2022

INSIGHT: Mind your Ps and safety first!

Key takeaways For employers or principals, the benefit of following the 4Ps of safe working can never be under estimated: Plan, Prepare, Protect and Proceed. Confirmation of the premise that the principal or main contractors are not expected to supervise or have specialist knowledge of all the specialist trades working on a construction site at […]

Sep 28, 2017

INSIGHT: Significant $1.3m payout warns employers to take employee bullying complaints seriously

The Supreme Court of Victoria[1] has sent a solemn message to employers to sit up and listen to employees who make complaints of bullying and harassment in the workplace, by awarding damages in excess of $1.3 million to a plaintiff suffering psychiatric and physical injuries because her employer failed to provide a safe working environment. […]

Aug 20, 2014

INSIGHT: Watch out for that last step

The Supreme Court of NSW has found a construction company employer liable for its failure to warn an employee to refrain from standing upon the top rail of a scaffolding structure which was defective in any circumstances but accepted that the scaffolding company did not leave the scaffolding in such a deficient state three days […]

Mar 12, 2014

INSIGHT: Insuring builders: claims by subsequent owners

The landmark Australian High Court decision in 1995 in Bryan v Maloney made builders of residential properties liable to subsequent owners. Since then there has been a number of decisions confining the scope of the decision. In a significant change the NSW Court of Appeal has recently extended its reach beyond dwellings to the owners […]