The High Court decision in Pafburn: and the Design and Building Practitioners Act 2020 (Substantive Law)

Speakers:  Matthew Lo, Special Counsel and Tom Waugh, Special Counsel- Kerin Benson Lawyers

About the webinar:  Our speakers will discuss:

• How we got here (this is the background of how we got the DBPA and to Pafburn, and will include discussion on the HIH Collapse, CLA, Multiplex, and Opal and Mascot Towers).
• Discussion on the Majority
• Insights from the Minority
• Implications of non-delegable duty:
• • breach, causation, and quantum will still need to be proven;
  • its not actually easy to prove breach (Loulach will be considered and the practical steps of discovery);
  • are directors exposed (e.g. Kazzi), how did they breach?
  • what about the 5O defence, or some kind of safe harbour, e.g, certifiers’ job was for the public interest and not owners
  • what of employees, vicarious liability?