JetSki Insurance Online :: News
SHARE

Share this news item!

NSW Court Decision Escalates Liability Risks for Construction Sector

Implications of the Pafburn Case on Developers and Builders

NSW Court Decision Escalates Liability Risks for Construction Sector?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

A recent landmark ruling in New South Wales has significantly altered the liability landscape for the construction industry.
The court's decision removes the ability for developers and builders to rely on proportionate liability defences under the Design and Building Practitioners Act 2020 (DBP Act), thereby increasing their exposure to claims related to building defects.

The DBP Act, which came into effect on 1 July 2025, introduced a statutory duty of care that is non-delegable, retrospective, and applies to all buildings and participants in their construction, including individual employees and directors. This duty of care aims to protect property buyers by ensuring accountability throughout the construction process.

The significance of the recent court decision, particularly in the Pafburn case, lies in its removal of the proportionate liability defence previously relied upon by developers and head contractors. Proportionate liability allowed these parties to limit their legal responsibility for building defects by attributing portions of liability to other parties involved in the construction process. With this defence no longer available, developers and builders now face full liability for defects, regardless of the involvement of subcontractors or other third parties.

This ruling has far-reaching implications for the construction sector. Developers and builders must now exercise heightened diligence in all aspects of their projects, as they can no longer mitigate liability through proportionate defences. This change is likely to influence contractual arrangements, risk management strategies, and insurance requirements within the industry.

For businesses operating in the construction sector, it is crucial to reassess existing contracts and insurance policies to ensure they align with the new legal landscape. Engaging with legal and insurance professionals to understand the full implications of this ruling and to implement appropriate risk mitigation measures is advisable.

In summary, the recent NSW court decision represents a significant shift in construction liability, emphasising the need for developers and builders to adopt more comprehensive risk management practices to navigate the increased exposure to claims.

Published:Sunday, 7th Jun 2026
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

Quay Marine Insurance Joins Forces with AXA XL as Coverholder
Quay Marine Insurance Joins Forces with AXA XL as Coverholder
17 Jun 2026: Paige Estritori
Quay Marine Insurance has been appointed as a Coverholder for XL Insurance Company SE (XLICSE), a subsidiary of AXA XL, marking a significant milestone in its mission to provide tailored marine insurance solutions across Australia. - read more
IAG Resolves $4 Billion Greensill Lawsuit
IAG Resolves $4 Billion Greensill Lawsuit
17 Jun 2026: Paige Estritori
Insurance Australia Group (IAG) has reached a confidential settlement in the $4 billion lawsuit initiated by Greensill Bank AG and its insolvency administrator. This legal action stemmed from disputes over insurance coverage related to Greensill's financial products. - read more
Decline in Market Share for Australian Insurers' Business Packages
Decline in Market Share for Australian Insurers' Business Packages
17 Jun 2026: Paige Estritori
A recent analysis by Macquarie has revealed a significant decline in the domestic business package market share held by Australian insurers, dropping to approximately 48% in the fiscal year 2025 from nearly 67% a decade ago. - read more
Suncorp's Strategic Reinsurance Placement Elevates Market Position
Suncorp's Strategic Reinsurance Placement Elevates Market Position
17 Jun 2026: Paige Estritori
Suncorp has successfully secured up to AU$2.4 billion in reinsurance protection over five years, leading to a significant 10% increase in its share value. This strategic move is expected to bolster the company's fiscal 2026 growth outlook, with projected gross written premium growth of 3% across its Australia and New Zealand operations. The reinsurance arrangement, effective from June 30, is designed to cap natural hazard costs in approximately 90% of scenarios, thereby reducing earnings volatility. - read more
Understanding the Impact of New Regulations on Cosmetic Nurses' Insurance
Understanding the Impact of New Regulations on Cosmetic Nurses' Insurance
17 Jun 2026: Paige Estritori
The Australian cosmetic nursing industry has experienced significant growth, driven by increasing demand for non-surgical cosmetic procedures such as injectables and skin treatments. This expansion has led to heightened scrutiny and the implementation of new regulations aimed at ensuring patient safety and professional accountability. - read more


Jetski Insurance Articles

Common Mistakes to Avoid When Making a JetSki Insurance Claim
Common Mistakes to Avoid When Making a JetSki Insurance Claim
Jet skiing is an exhilarating water sport enjoyed by many Australians. Whether you are a seasoned rider or a beginner, having adequate insurance for your jet ski is crucial. - read more
DIY Jet Ski Maintenance: Simple Steps to Keep Your Watercraft in Top Shape
DIY Jet Ski Maintenance: Simple Steps to Keep Your Watercraft in Top Shape
The thrill of slicing through the waves on a Jet Ski holds a special allure for many Aussies. But as any seasoned rider will tell you, the key to uninterrupted fun on the water lies in consistent maintenance. Not only does this ensure your Jet Ski remains in peak condition, but it also extends its life, enhances safety, and can save you a bundle on potential repairs. - read more
Common Misconceptions About Jet Ski Insurance Debunked
Common Misconceptions About Jet Ski Insurance Debunked
Jet skiing is an exhilarating water sport that offers thrills and adventures. However, like any other activity involving high speeds and open waters, it comes with its own set of risks. - read more
Tips for Towing: How to Securely Tow a Disabled Jet Ski Back to Shore
Tips for Towing: How to Securely Tow a Disabled Jet Ski Back to Shore
Towing a disabled jet ski back to shore is a scenario that many water sports enthusiasts hope to never encounter. Yet, the importance of being prepared for such an event cannot be overstated. Whether caused by mechanical failure or unforeseen circumstances, when your jet ski succumbs while you’re out on the water, knowing how to securely tow it is essential for the safety of both yourself and your watercraft. - read more
5 Common Mistakes to Avoid When Purchasing Jet Ski Insurance
5 Common Mistakes to Avoid When Purchasing Jet Ski Insurance
Whether you’re a seasoned jet ski owner or a newcomer looking to make your first purchase, we know the excitement and joy that comes with riding the waves. - read more

Knowledgebase
Insurance Policy:
Broadly, the entire written contract of insurance. More narrowly, the basic written or printed document, as distinguished from the forms and endorsements added thereto.