This legal reform presentation analyses some of the diverging approaches between Australia and New Zealand on a number of important construction law concepts, namely joint tortfeasor liability apportionment, the differing approaches to limitation periods, and insurance requirement disparities.

The piece examines:

• the current proportionate liability approaches in Australia and how these came about
• the National Model Building Act as a pioneer on proportionate liability in Australia
• discussion on the current Victorian legislation of proportionate liability (Wrongs Act 24AI) and the recommended fundamentals New Zealand should consider if they were to adopt their own proportionate liability scheme
• joint and several liability in New Zealand and the debates around it
• policy considerations for New Zealand joint and several liability 
• the cryptic limitation periods in New Zealand
• mandatory insurance and it’s necessary coupling with proportionate liability