Developers and head contractors can now face direct, full liability for building defects - even when subcontractors are at fault. The High Court’s ruling in Pafburn has profound implications for construction litigation, contract drafting, and risk allocation. Will you ensure your risk allocation and litigation strategy are airtight? Could your contracts be exposing your clients to unexpected costs? Join renowned expert Keith Redenbach, a leader in construction and infrastructure law, for a practical, outcome-focused session exploring the consequences of this decision — so your contracts and litigation strategy work for you, not against you.
Learn the urgent steps you must take to protect clients from serious and growing risks and to strengthen their position going forward.
Chair:
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
1.00pm to 2.00pm Pafburn: The Practical Outcome & Fall Out from the High Court’s Decision
- Key implications of the Pafburn decision
- Litigation dynamics
- Legal strategies in defect claims will undergo a paradigm shift:
- Contractual considerations
- Urgent contract reviews
- Allocation of risks
- Clear delineation of liability and enhanced indemnity clauses
- Insurance coverage
- Futureproofing contracts
Presented by Keith Redenbach, Principal, Redenbach Legal, Finalist, Government Lawyer of the Year Award 2025, Construction and Infrastructure, Lawyers Weekly; Finalist, Partner of the Year Award 2022-2024, Construction and Infrastructure, Lawyers Weekly; Winner, Partner of the Year Award 2021, Construction and Infrastructure, Lawyers Weekly
Key Takeaways for Practitioners:
- Proactive Contract Negotiation: Delayed action could result in severe financial consequences for clients. Early intervention to address potential claims and insurance gaps is essential
- Holistic Risk Management: Lawyers must advise clients on implementing robust oversight mechanisms and contractual protections to counterbalance the amplified risks
- Legal Strategy Revamp: Litigation-focused practitioners must adapt their approaches to account for the exclusion of proportionate liability and prepare for a potential increase in claims directly targeting developers and head contractors
Presenters
Keith Redenbach, Principal, Redenbach Legal
Keith Redenbach partner of and leading large teams at several Infrastructure, Projects & Government law firms. Considered a leading expert in his field, Keith has advised Australian and international principals, contractors and consultants across a range of projects including resources, mining, infrastructure, services and transport. Keith has over 20 years of experience working in the legal profession, most of which has been dedicated to major infrastructure projects, which invariably involves both commercial law and litigation. Keith has direct experience advising the NSW Government on roads, rail, bus and other significant transport infrastructure projects. Keith also has substantial experience acting for the private sector in these projects, and has worked on dual engagements with other law firms. Keith has a global network and brings experience from acting for clients based in the UK, Europe, Middle East, Asia Pacific and North America. Keith has been involved as a senior adviser in peak legal industry organisations such as the Australian Large Law Firm Group and the United Nations American Bar Association Division. Keith was the winner of the Lawyers Weekly Construction and Infrastructure Partner of the Year 2001.
