Webinar recording: Proportionate Liability - a reality check
Proportionate liability was intended to protect design professionals, but in practice that protection can be uncertain. With differing regimes across Australia and contracts increasingly seeking to “opt out,” architects and consultants may face exposure beyond their share of fault.
In this one-hour recorded webinar, barrister Tony Horan will explore how proportionate liability is being applied in practice, including the national landscape, contracting considerations, and where disproportionate risk can arise. The webinar will also outline practical approaches to managing exposure—from contract negotiation and insurance through to project delivery and disputes.
CPD: 1 formal hour
Learning Objectives
Following the completion of this webinar, you will:
- Understand the legal framework of proportionate liability in Australia
- Identify key differences in proportionate liability regimes across Australian states and territories and their impact on practice
- Recognise contractual provisions that may exclude or modify proportionate liability, including indemnities and limitation clauses
- Assess the risks associated with contracting out of proportionate liability and the implications for professional indemnity insurance
- Apply practical strategies to manage liability exposure
- Evaluate risk allocation in consultancy agreements to ensure alignment with professional obligations
Units of Competency / Performance Criteria (as per the National Standard of Competency for Architects 2021):
PC 1, PC 2, PC 3, PC 5, PC 6
Cost
Standard - $80
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