Australia: Insurance

The New South Wales Government has introduced Decennial Liability Insurance (DLI), a groundbreaking 10-year no-fault insurance policy for new apartment buildings that guarantees protection against serious defects even if developers or builders become insolvent. This legislative reform, passed through the Fair Trading and Building Legislation Amendment Bill 2026, fundamentally changes how apartment owners are protected from structural failures and serious defects.

You receive an urgent email from the CEO requesting a payment be processed before the end of the day. The email looks genuine, the writing style appears familiar, the address is correct and relevant supporting documentation is attached.

Alta Vale Residential Pty Ltd (In Liq) (Rec Apptd) v STM123 Pty Ltd [2026] NSWSC 882 considers whether an individual project manager owes a duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW).

The Supreme Court of Victoria has confirmed that where a defendant, in cases brought under section 52 of the Wrongs Act 1958 (Vic), raises a hypothetical counterfactual on the question of causation, the onus is on the plaintiff to prove every element of its own case, including proving that hypothetical counterfactual ought not be accepted.

As the Middle East conflict continues to disrupt global energy markets, Australian businesses are confronting a familiar threat in an unfamiliar form. This is not a direct war risk in the traditional sense. It is something more insidious, a fuel driven economic shock that is rapidly cascading into balance sheets, boardrooms and ultimately insurance claims.

The chapter provides a practical overview of the legal, regulatory and market issues shaping insurance disputes in Australia.