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ARTICLE · 02 NOVEMBER 2025

2025 Construction Insurance Law - A Year In Review

Kennedys
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Our 2025 construction insurance law review provides insights into the latest trends in construction claims and what we expect to see in the future.

AustraliaInsurance
Mairead Cusack
Mairead Cusack
Matt Andrews
Matt Andrews
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Executive Summary

Our 2025 construction insurance law review provides insights into the latest trends in construction claims and what we expect to see in the future. In this review, we look at:

  • key construction liability cases in Australia including:
    • what is required to establish a breach of statutory duty under the DBP Act;
    • High Court clarification on the non-delegable nature of that duty and the future for proportionate liability;
    • the circumstances in which the Court will grant leave to third parties to proceed directly against insurers;
    • limitation issues and expanded claims;
  • Parliamentary review into the Design and Building Practitioners Act 2020 (DBP Act) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) and related draft government bills including:
    • practical implications of the Pafburn decision on the construction industry

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