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After a six-week hearing ending in October 2018, his Honour Judge Woodward, Vice President of the Victorian Civil and Administrative Tribunal, last week handed down his decision regarding the liability of various parties for their involvement in the fire at Melbourne’s Lacrosse tower, which had heralded the start of the ‘combustible cladding crisis’ across the Victorian building industry and led to multiple enquiries involving the Victorian Building Authority, Local Councils and State Government, as well as a great deal of uncertainty within the general insurance and construction communities.
The decision itself confirmed the position that the implied warranties specified by the Domestic Building Contracts Act 1995 (Vic) (DBCA) in relation to suitability of materials, fitness for purpose and compliance with the law involve no requirement for the exercise of reasonable care on the part of the builder and as such are not apportionable under s24AH of the Wrongs Act 1958 (Vic) (Wrongs Act).