Proportionate liability in Victoria's new building regime, our Lawyers Weekly article
Check out this Lawyers Weekly article by Brockhill & Usherwood Lawyers which deals with some important issues regarding proportionate liability in Victoria and the new building regime.
Important reading for construction lawyers, building practitioners and building focused insurance professionals.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The amount of plumbing related building defects I see in Victoria is astonishingly high. Often they exceed all other defects. Yet the insurance that should respond has become a farce.
More and more I am seeing protection works disputes become disputes about access to land, adverse possession, boundary issues, building defects and property damage.
The headline change is that many of the Code's obligations are proposed to become legally enforceable. On paper that is a significant shift.
Burns v Corbett and later decisions mean tribunals are not Chapter III courts and cannot exercise federal jurisdiction. It is time to consider a national tribunal.