News and Articles

Category: 2021

15/12/2021 – Follow up from ‘Creators v Copycats’ webinar

It was a pleasure presenting on protecting intellectual property law. We received quite a few questions in relation to: clients copying designs for unrelated projects; and clients using partly completed designs and engaging a third party consultant to finalise the designs. As such, we thought it would be helpful to summarise the position in a […]

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08/12/2021 – Contracts, Legislation and the Christmas holidays

This Christmas time, more than many we’ve had before, we need to take stock, relax and give ourselves a huge pat on the back for making it through this unprecedented time relatively unscathed. Despite us wanting, nay needing, this time to rest, our work, projects and the obligations on consultants don’t and won’t really let […]

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17/11/2021 – Technical compliance certificates

The last two years have seen a great increase in requests for specialist consultants to sign reports confirming that a specific design solution complies with the National Construction Code, especially where the design relies on a performance solution. Whether called a “certificate”, “report” or merely a “letter”, these documents impose liability and risk on the […]

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22/09/2021 – Ssshhh…it’s confidential!

While you are busy working on your project, your client calls you to explain that you and your team are required to sign a Confidentiality Agreement to continue working on their project. What do you do? Let’s start with… What is a Confidentiality Agreement? A confidentiality agreement is a legally binding contract where one party […]

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14/07/2021 – Staff changes in the informed team

We’ve had a few changes to the informed team lately. Sadly, in June we farewelled our NSW Risk Manager/National CPD Manager Natalie Sullivan, and we’re now saying goodbye to our Administrator – Risk Services Sandra Farmer BUT also welcoming her replacement Charli Lin. Many of you would have come across Sandra at some stage, either […]

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09/06/2021 – Lacrosse: What Happened Next

The story began with an unextinguished cigarette in the early hours of 24 November 2014. The fire started by that cigarette burned rapidly up the side of the Lacrosse Building in Melbourne’s Docklands precinct, from level 8 to level 21 in a matter of minutes, aided by “Alucobest” aluminium composite panel cladding with 100% polyethylene […]

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28/04/2021 – Limit of Indemnity vs Limit of Liability

The difference between limit of indemnity and limit of liability is puzzling. Let’s unpack the complexities using this simple scenario. ABC Pty Ltd entered into a contract with XYZ Pty Ltd. ABC is the client who have engaged XYZ for architectural services. XYZ have a $2 million limit of indemnity on their professional indemnity policy. […]

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