In Australia, employees can be sued in their personal capacity for negligence. However, because of the principle of vicarious liability, claims are usually directed against the employer rather than the individual employee. That said, employees may still be named personally in legal proceedings. Vicarious liability is a legal principle that makes an employer liable for […]

Key points Remedial building work for Class 3 and Class 9(c) is being brought under the Design and Building Practitioners Act 2020 (NSW) (Class 2 remedial building work has been under the Act since 2021). This will require registered design practitioners to submit a Construction Issue Regulated Design which meets detailed new requirements, such as […]

Key points Practices using generative AI which is capable of producing new work based on acquired learning are likely to bear the risk of errors in the AI’s work, just as they would for the work of an employee. Professional indemnity insurance does not typically exclude cover for claims arising out of work performed by […]

Key points We have made substantial amendments to some of our Practice Guides. Our “Fast Track Projects” Practice Guide has been rewritten as “Time, Program and Delays”. Our “Limitation of liability Clauses” Practice Guide has a substantial new section with example clauses and some notes about carve-outs. Following on from our February round of updates, […]

Key points Professionals are typically judged by the standards of a reasonably competent practitioner of the relevant discipline. The standard of “peer professional opinion” cannot be relied upon as the standard if the court determines that the opinion is unreasonable. Standard of care is a crucial component of a negligence claim, along with duty of […]

Key points We have used the quieter days of January to review and update 13 of our Practice Guides. Topics where we made substantial updates include Dispute Resolution; Submitting Tenders; Specification and Product Selection; and Substitutions. Our suite of Practice Guides are a handy resource to help understand and manage some common risk areas in […]

Article summary: Content posted on social media and messaging apps can be used as evidence in court. Understanding the risk exposures helps you create systems to preserve beneficial records and avoid creating damaging ones. In 2024, a report by Deloitte highlighted that the average Australian spends 6 hours 20 minutes a week engaged in social […]

OUR ANNUAL WEBINAR PASS FOR 2025 CAN NO LONGER BE PURCHASED. For the last 8 years, informed by Planned Cover’s webinar program has been keeping you up to date on the current issues affecting the construction industry, and in turn, assisting you to meet your professional CPD obligations. In 2025, we’re continuing to provide our specialised […]

As 2024 comes to a close, it’s time to reflect on the achievements and challenges that have shaped our company over the past 12 months. This year has been marked by the growth of our team and a continued commitment by informed by Planned Cover to delivering exceptional value to our clients. In February, we […]

In a move to be more environmentally friendly, Australia has seen an uptake in the sale of electric vehicles, with the Federal Chamber of Automotive Industries in Australia reporting that the number of electric vehicles sold in 2023, had increased by 161.1% from the year prior, in 2022. With this increase in electric vehicles, and […]