Love Thy Neighbour? A Review of the Duty of Care in Construction and Property in NSW
Journal article | September 2020 | Available for purchase & free for members
This article addresses issues which, although not strictly within the realm of alternative dispute resolution, raise matters which are highly relevant to all disputes lawyers who practice in property and construction. The establishment of a duty of care for economic loss in NSW pursuant to the Design and Building Practitioners Act 2020 (NSW) marks a milestone in what has been a chaotic journey over the last 90 years. This article explores the development of this duty of care and demonstrates that the courts have left much to be desired. This reform now appears to signal an effort to achieve greater certainty, stronger consumer protection and ultimately an evolution of our values as a community towards loving thy neighbour.
We thank the authors of this article Pamela Jack, Jennifer Cohen and Emily Miers and the journal editor Russell Thirgood for their contribution to this journal.