Plant And Equipment Insurance Online :: News
SHARE

Share this news item!

NSW Court Decision Heightens Builders' Liability for Defects

Understanding the Impact of the Pafburn Case on Construction Liability

NSW Court Decision Heightens Builders' Liability for Defects?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.

In a landmark decision, the New South Wales Court of Appeal has significantly altered the landscape of construction liability, particularly concerning builders' responsibilities for defects.
The case, known as Pafburn, has removed the previously relied-upon proportionate liability defence, thereby increasing the accountability of builders and developers for construction defects.

Historically, under the proportionate liability framework, builders and developers could distribute liability among various parties involved in a project, such as subcontractors and suppliers. This approach allowed them to limit their financial exposure by attributing portions of the blame to other entities. However, the Pafburn ruling has effectively dismantled this defence mechanism.

The court's decision underscores that breaches of the statutory duty of care, as outlined in the Design and Building Practitioners Act 2020 (DBP Act), result in non-delegable liability. This means that builders and developers are now fully responsible for rectifying defects, regardless of whether subcontractors or other parties contributed to the issues. Consequently, they must bear the entire cost of remediation and cannot deflect portions of liability onto others involved in the construction process.

This ruling has profound implications for the construction industry in New South Wales. Builders and developers must now exercise heightened diligence in overseeing all aspects of their projects, ensuring that every phase meets the required standards to mitigate potential defects. The absence of the proportionate liability defence necessitates a more proactive approach to quality control and risk management.

Furthermore, the Pafburn decision highlights the critical importance of comprehensive professional indemnity insurance. With the increased liability exposure, construction professionals must reassess their insurance coverage to ensure it adequately protects against the heightened risks. This may involve consulting with insurance advisors to adjust policies in line with the new legal landscape.

In summary, the Pafburn case marks a significant shift in construction liability law in New South Wales. Builders and developers are now held to a higher standard of accountability for defects, necessitating more rigorous project oversight and robust insurance strategies to navigate the evolving regulatory environment.

Published:Tuesday, 13th Jan 2026
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Queensland Strata Owners Urged to Act on Cyclone Mitigation Measures for Insurance Savings
Queensland Strata Owners Urged to Act on Cyclone Mitigation Measures for Insurance Savings
16 Jan 2026: Paige Estritori
Strata property owners in North and Central Queensland are being encouraged to take advantage of new federal and state initiatives designed to reduce insurance premiums through approved cyclone mitigation activities. Following regulatory updates to the Cyclone Reinsurance Pool effective April 1, strata buildings in eligible regions can now receive insurance premium reductions when undertaking structural reinforcements such as storm-resistant windows, upgraded roofing, and compliant external doors. - read more
Allianz Australia Penalised for Misleading Travel Insurance Information
Allianz Australia Penalised for Misleading Travel Insurance Information
15 Jan 2026: Paige Estritori
In a significant ruling, the Supreme Court of New South Wales has imposed fines totaling $16.8 million on Allianz Australia Insurance and its subsidiary, AWP Australia, for disseminating misleading information about their travel insurance products between 2016 and 2018. This decision underscores the critical importance of transparency and accuracy in the insurance sector. - read more
Surge in Medical Claims Among Australian Travellers Highlights Importance of Comprehensive Insurance
Surge in Medical Claims Among Australian Travellers Highlights Importance of Comprehensive Insurance
15 Jan 2026: Paige Estritori
In 2024, medical incidents emerged as the leading cause of travel insurance claims among Australian travellers, accounting for more than 40% of all claims handled by nib Travel. This trend underscores the critical importance of securing comprehensive travel insurance to mitigate the financial risks associated with medical emergencies abroad. - read more
Seafood Business Wins Insurance Dispute Over Storm-Induced Power Outage
Seafood Business Wins Insurance Dispute Over Storm-Induced Power Outage
15 Jan 2026: Paige Estritori
A recent ruling by the Australian Financial Complaints Authority (AFCA) has significant implications for businesses seeking insurance compensation for losses due to power outages caused by natural disasters. In this case, a seafood distribution company experienced substantial stock losses when a storm-induced power outage left its refrigeration systems inoperable for a week. The insurer initially denied the claim, citing a flood exclusion clause. - read more
Insurance Council Advocates for Liability Law Overhaul to Curb Rising Premiums
Insurance Council Advocates for Liability Law Overhaul to Curb Rising Premiums
15 Jan 2026: Paige Estritori
The Insurance Council of Australia (ICA) has called for urgent reforms to civil liability laws to address the escalating costs of liability insurance premiums affecting businesses nationwide. In a recently released white paper, the ICA highlights the need to review state-based civil liability laws that have remained unchanged for nearly 25 years. The report identifies key areas requiring attention, including psychological injuries, worker-to-worker claims, and leisure and recreational risks. - read more


Equipment Insurance Articles

What does plant and equipment insurance cover?
What does plant and equipment insurance cover?
Plant and equipment insurance is a specialized form of coverage designed to protect the tools and machinery that businesses rely on for their operations. This type of insurance typically covers various assets, including construction machinery, agricultural equipment, and industrial tools. By safeguarding these critical assets, you can ensure that your business continues to run smoothly even in the event of loss or damage. - read more
The Factors That Affect Plant and Equipment Insurance Premiums in Australia
The Factors That Affect Plant and Equipment Insurance Premiums in Australia
Plant and equipment insurance is a specific type of policy designed to protect the tools, machinery, and equipment that businesses rely on for their operations. This insurance safeguards against various risks, ensuring that your essential assets are not a financial burden during unforeseen circumstances. - read more
General Liability Insurance vs. Plant and Equipment Insurance: What You Need to Know
General Liability Insurance vs. Plant and Equipment Insurance: What You Need to Know
When it comes to running a business, insurance is one of those things that often gets overlooked. However, understanding the different types of insurance is crucial for protecting your business assets and ensuring your peace of mind. Among the many options available, plant and equipment insurance is vital for businesses that rely on machinery and various tools. - read more
Understanding Plant and Equipment Insurance: A Guide for Small Business Owners
Understanding Plant and Equipment Insurance: A Guide for Small Business Owners
When it comes to running a small business, particularly in sectors like construction, having the right insurance is essential. This is where plant and equipment insurance comes into play. It protects your valuable machinery and tools, allowing you to focus on your projects without the constant worry of potential financial loss. - read more
Is Plant and Equipment Insurance a Legal Requirement for Australian Contractors?
Is Plant and Equipment Insurance a Legal Requirement for Australian Contractors?
Plant and equipment insurance is a specialized type of coverage designed to protect construction and contracting businesses against financial losses related to their machinery and tools. This includes any equipment used in the delivery of services, such as excavators, cranes, and other vital equipment. In essence, this insurance safeguards your investment, providing peace of mind as you focus on your projects. - read more


Your free insurance quote comparison starts here!
First Name:
Postcode:

All quotes are provided free and without obligation by a Specialist from our National Broker referral panel. See our Privacy Statement for more details.


Knowledgebase
Subrogation:
An insurance carrier may reserve the "right of subrogation" in the event of a loss. This means that the company may choose to take action to recover the amount of a claim paid to a covered insured if the loss was caused by a third party.