Government Backed Public Liability for Construction?
Source: Daniel Wood, Editor, Insurance Business Australia. Published June 16, 2023 “I don’t think nationalising my industry would be in my interests”
3 min read
Kim Beavis
:
12/11/2025 10:31:04 AM
It’s a familiar story: an SME is trading well, directors are confident, and staff are growing. Then a law suite or a regulatory inquiry hits. Suddenly, directors face personal liability, legal fees mount, and companies discover their standard cover doesn’t stretch far enough.
These aren’t hypotheticals. When a Director liability insurance claim occurs it can leave brokers’ clients exposed if the right protections aren’t in place.
Personal liability for directors
Company directors and officers can be held personally liable for wrongful acts. Without cover, they may need to fund legal defence and settlements out of their own pockets.
Employment practices disputes
Claims for bullying, harassment, or unfair dismissal are common triggers. These disputes can be costly to defend and damage both finances and reputation.
Fraud and crime
Employee or third-party fraud, including social engineering scams, can quickly drain a business’s cash flow.
Statutory and regulatory investigations
Workplace health and safety, tax audits, or breaches of regulations can all trigger action against directors or the company itself.
Start with education
Many SME clients underestimate their level of exposure. Highlight real-world examples of director liability insurance claims and show how one claim could threaten business continuity.
Present a complete solution
Hutch Management Liability brings together:
Optional extensions also cover tax audit expenses, pre-claim inquiry costs, and cyber fines for insured individuals.
When a director liability insurance claim surfaces, it’s often too late for clients to scramble for cover. The opportunity for brokers is now to educate, advise, and place protection that keeps clients afloat when the unexpected occurs.
The clear way to better cover.
A private company, DCA Sydney Enterprises Pty Ltd, made representations to Care A2 that funds paid would secure streaming rights for the 2021 Rugby League World Cup and annual revenue of \$15-30 million. The court found the representations to be false and the sole director misappropriated the funds.
Source: Supreme Court of New South Wales - Court of Appeal Case Notes
Takeaway: Even for smaller proprietary companies, directors can be held personally exposed for misleading or deceptive conduct on behalf of the company.
In a building company context, the sole director and nominated supervisor was held personally liable under s 37 of the Design and Building Practitioners Act 2020 (NSW) for defects and non-compliant works in a six-unit apartment project.
Source: Bartier commentary
Takeaway: Private company directors in construction and building trades face personal liability for statutory duties relating to building defects and supervision.
A director of RIC Admin Pty Ltd (in liquidation) was unable to challenge a PAYG estimate issued by the Australian Taxation Office via a director penalty notice. The Full Federal Court confirmed that a director cannot rely on an affidavit in separate proceedings to reduce or revoke the company’s estimate under the Taxation Administration Act 1953 (Cth).
Source: ATO Case Document
Takeaway: SME company directors may face direct exposure for tax-related liabilities via DPNs, and standard business protections may not prevent this personal liability.
A private construction company. The decision confirms that even de facto directors (those who act like directors without formal title) can incur personal liability for negligent acts in a building project.
Source: Bradbury Legal commentary
Takeaway: Reinforces that for private companies in building trades, director liability risk is real and claims could fall under sections of management liability cover.
A proprietary company involved in equity/fiduciary‐duty and fraudulent disposition issues.
Source: Supreme Court New South Wales
Takeaway: Highlights that directors of private (Pty Ltd) companies may be exposed to claims for fiduciary and equitable breaches — reinforcing the need for D&O/management liability cover.
Source: Daniel Wood, Editor, Insurance Business Australia. Published June 16, 2023 “I don’t think nationalising my industry would be in my interests”