In November 2014, a 23 storey mixed-use building in Docklands,
Melbourne (the Lacrosse Building) caught fire,
which spread rapidly up the external face of the building,
resulting in a substantive claim for damages in excess of $12
million.
In the first test case regarding liability for the installation
of combustible cladding, the Victorian Civil and Administrative
Tribunal (Tribunal) has determined that the use of
aluminium composite panels (ACPs) with a highly
combustible 100% polyethylene (PE) core to clad
the façade of the Lacrosse Building did not comply with the
Building Code of Australia (BCA).
An appeal is highly likely and the decision is not binding on
Courts in other jurisdictions. Caution must also be taken given the
specific facts and contractual clauses that were pertinent to the
finding. Nonetheless, the case, and particularly the
underlying rationale for the decision, has wide-ranging
implications for industry professionals. It presents a
