A practical guide to understanding how Pafburn is reshaping liability in construction law across Australia.

The High Court’s decision in Pafburn has detonated the long-standing assumption that developers and builders could rely on proportionate liability and distance themselves from subcontractors’ failures. Under the DBPA, liability is now personal, whole, and non-delegable - even when the party at fault wasn’t directly involved in the defective work.

This guide unpacks the decision’s legal mechanics, explains how it interacts with existing legislation like the Civil Liability Act, and outlines what professionals need to do now to survive this shift.