The Duncan Cotterill Insider Podcast is where you can hear the latest legal updates directly from our experts in brief. In each episode, you’ll hear from those with deep legal knowledge as they unpack key developments in the industries and sectors that matter to you.

Summer’s here — are you breach ready?

Data Protection & Privacy, Technology

In this episode, Commercial and Technology Partner Peter Fernando and Litigation Special Counsel Jonathan Forsey unpack some high-profile data breaches in New Zealand and Australia, outline some of the key principles of the Privacy Act 2020 and explain how to determine when a cyberattack is a notifiable privacy breach. They also discuss how businesses, government agencies and other organisations can mitigate the impact of a cyberattack by creating a robust response policy.

“…When we think about the new Privacy Act and the mandatory breach notification obligations…that assessment of whether there is a likelihood of serious harm is critical in terms of where the organisation needs to notify the privacy commissioner, but also if they need to notify the individual concerned.”   ̶   Commercial and technology law expert Partner Peter Fernando.

  • Peter Fernando

    Partner

  • Jonathan Forsey

    Special Counsel

Construction project contracts must be watertight in case of a rainy day

Construction & Projects

In this episode Julia Flattery, Construction Partner, speaks with Jonathan Forsey, Litigation Special Counsel, about what to do in the event of insolvency of a company involved in a construction project.

Julia also explains some of the key signs of stress and how construction contracts can be structured to limit exposure to the impact of insolvency.

“…In the unfortunate event that there is an insolvency in your project somewhere in the chain, the most important thing is to act fast and take advice as to what you can do"—Julia Flattery, Construction Partner.

  • Julia Flattery

    Partner

  • Jonathan Forsey

    Special Counsel

Claiming retention money when construction projects go wrong

Litigation & Dispute Resolution

In this episode, Jonathan Forsey, Litigation Special Counsel, speaks with Julia Flattery, Construction Partner, about the vexed issue of construction and development companies claiming retention money in the event of liquidation of other parties in the construction project chain.

Retentions are sums of money withheld to ensure the performance of a contract and are payable in one or more lump sums towards the end of a contract, once parties are satisfied no remedial work is required.

Jonathan explains constructions companies’ obligations around holding retention money and how to claim retentions. He also provides insight on the Construction Contracts (Retention Money) Amendment Bill that has passed its second reading in Parliament. The Bill amends the Construction Contracts Act 2002.

“Construction projects tend to be high risk, low reward, capital is tight and payment is king —Jonathan Forsey, Litigation Special Counsel.

  • Jonathan Forsey

    Special Counsel

  • Julia Flattery

    Partner