From www.bartier.com.au: The High Court of Australia ruled that the Developer and Builder are wholly liable under section 37 of the Design and Building Practitioners Act 2020 (NSW) for construction defects and cannot delegate this duty to subcontractors.

The court’s view was that the legislation was designed to restore confidence in construction safety and quality by holding primary parties accountable for negligence.

The decision reinforces the non-delegable nature of the duty of care regarding construction work, although the extent of liability for councils remains unresolved.