Commercial Litigation in an Evolving Regulatory Landscape
As the legal landscape continues to evolve, recent developments have emerged as pivotal influences on commercial litigation practices within Australia. A particularly noteworthy change is the…
ACCC Investigations in Australia 2026: a Practical Playbook for Businesses
An ACCC investigation in Australia can arrive without warning, a phone call from the regulator, a section 155 notice demanding documents, or a dawn raid, and the decisions made in the first hours…
Livable Housing Design Standard changes postponed in South Australia
Previous history The National Construction Code (NCC) 2022 replaced the NCC 2019 in South Australia effective 1 October 2024, and mandates the ABCB Silver Level Standard for Livable Housing Design,…
Commercial Litigation Australia 2026: Interlocutory Injunctions & Urgent Relief
A spate of early-2026 Federal Court interlocutory decisions, most notably in pharmaceutical patent disputes, has sharpened the focus on urgent injunctive relief as a critical tool in commercial…
Insolvency Litigation in Australia: Statutory Demands, Winding-Up Threats, and Director/Shareholder Dispute Risks Explained
Insolvency processes are intended to address genuine financial distress, but in practice they are sometimes used as leverage in wider commercial disputes. Statutory demands, winding up threats, and…
Providing Housing Under the NDIS – Dangers of a Combined Service and Tenancy Agreement
As an NDIS service provider providing accommodation, if you only execute a service contract with a participant, and not also a separate tenancy agreement, you may find that you have fallen into an…
2027 Edition of The Best Lawyers in Australia™: Continued Recognition and Emerging Talent
DW Fox Tucker Lawyers is delighted to announce that several of our firm’s leaders, along with two rising stars, have been recognised in the 2027 edition of The Best Lawyers in Australia™, released…
Penalties increased to $100 million dollars for breaches of the Australian Consumer Law (up from $50 million)
Reports were circulating about a proposal of the Commonwealth Government to increase penalties for corporations for misleading and deceptive conduct from $50 million to $100 million. After some…
New Anti-Money Laundering Laws Starting in 2026
At DW Fox Tucker Lawyers, we’re committed to keeping you informed about changes that may affect our services, and which may affect you if you have a business to which the new laws apply. New…
Can the mandated removal of combustible cladding constitute 'property damage' for the purposes of a manufacturer's third party liability policy of insurance?
In AAI Limited v The Owners – Strata Plan No 91086 [2025] FCAFC 6 the Full Federal Court dismissed an application for leave to appeal a previous decision, which allowed a liability insurer to be a defendant to proceedings by strata corporation owners concerning allegedly combustible cladding, which had been removed from the exterior of a high rise apartment building pursuant to a direction from the local council. The decision leaves open for later determination the question of whether removal of allegedly defective combustible cladding may constitute property damage sufficient to trigger third party liability policies on foot for the manufacturer and supplier of the cladding at the time the cladding was installed. The decision of Wigney J at first instance, found that it was “at least arguable that the policies respond because, inter alia, there had been an immediate physical alteration or change to the buildings by dint of the affixation of the panels which affixation had caused a physical alteration to the buildings and had rendered the buildings less suitable for their use as residential buildings”.Read Debra Lane’s full case report below, which was first published in the Lexis Nexis Insurance Law Bulletin, 2026 Vol 39 No 10.
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DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.
