Area of law

General Liability

While public liability, product liability, and property damage represent major segments of the general liability landscape, many other claims fall into specialised, often complex categories that require tailored analysis and strategic defence. Our team provides focused expertise in these areas supporting insurers, insureds and self-insureds across diverse industries and operational environments.

These forms of general liability often involve overlapping duties, multi-party involvement, and intricate contractual structures. For years, our team has provided clients with confidence through disciplined investigation, deep legal knowledge, and a clear understanding of operational realities across commercial, industrial, and community environments.

Contractual Liability & Indemnities

General liability often arises from contracts that allocate legal risk, including service agreements, facility management contracts, construction subcontracts, hire arrangements, and event or venue agreements. In these instances, we provide:

  • Interpretation of indemnity clauses and insurance requirements.
  • Defence of claims where liability is triggered by contractual obligations rather than direct negligence.
  • Guidance on dual insurance issues, contribution, and recovery pathways.
  • Strategic analysis of risk transfer and cross-claims involving contractors or third parties.


Labour-Hire & Host-Employer Liability

Labour-hire arrangements frequently generate complex liability questions about control, supervision, safety obligations, and apportionment. We advise on:

  • Claims involving injuries to labour-hire workers where the host employer is targeted.
  • Allocation of liability between labour-hire agencies, hosts, subcontractors, and principals.
  • Interaction with workers’ compensation exclusivity provisions and dual insurance issues.
  • Evidence review to determine the practical control and safety system responsibilities at the time of the incident.

Recreational, Sporting & Activity-Based Liability

These matters involve unique risk profiles and specialised statutory frameworks. We defend claims arising from:

  • Sporting activities, fitness training, adventure tourism, group events, and recreational programs.
  • Allegations relating to supervision, instruction quality, rule enforcement, equipment use, or inherent risk.
  • Application of “dangerous recreational activity” and “obvious risk” provisions under the state and territory Civil Liability Acts.
  • Waiver, risk warning, and participant-acknowledgement disputes.


Service Provision & Operational Liability

Claims often arise from the performance, or alleged failure, of services that do not fall within professional indemnity. We act in matters involving:

  • Cleaning and maintenance providers.
  • Security and crowd-management services.
  • Transport and logistics operations.
  • Hospitality and event service providers.
  • Contractors performing non-professional operational tasks.

These claims typically require careful analysis of contractual risk allocation, systems of work, compliance obligations, and documentation.

Economic Loss Claims (Non-Property Damage)

Some general liability exposures involve pure economic loss where no physical damage occurs. We manage:

  • Negligent misstatement or representations outside a professional services context.
  • Disruption to operations caused by service or systems failures.
  • Supply-chain interruptions not tied to defective products.
  • Claims involving reliance, proximity, and foreseeability in a negligence framework.


Miscellaneous Negligence Exposures

HBA is also highly experienced defending a broad range of general negligence claims that fall outside traditional categories, such as:

  • Community, volunteer, or charity activity exposures.
  • Educational and childcare operational liabilities.
  • Aged-care and assisted-living operational incidents.
  • Claims involving supervision, monitoring, welfare, or duty-of-care failures.
Examples of general liability matters handled by HBA

Acted on behalf of a principal contractor in relation to claims brought by an injured party, together with claims for indemnity brought by several contractors.
The key elements of the case involved distilling the liability issues for each party, understanding the effect of any contractual indemnities on such issues, and putting in place settlement strategies to reach an outcome favourable to the principal contractor and its insurer. By doing so, HBA was able to resolve the claim in a timely manner, reducing costs to the insurer.

Acted for scaffolding contractor in a litigated claim issued by a third-party worker, who fell through an unsupported section of formwork.
Arguments made in favour of the insured that they were not aware of the removal of formwork support by the formwork contractor, and were not required to warn against the risk of harm posed by the unsupported section of formwork. Liability was pushed to the formworker and head contractor and the insured was removed from legal proceedings.

Litigated claim issued by an employee of a subcontractor.
The scaffolding contractor was on the receiving end of a litigated claim issued by an employee of a subcontractor, whose hand became stuck between two sections of scaffolding when attempting to manually shift scaffolding bars back into place (after movement by other on-site contractor). The injured worker was unsupervised and insufficiently trained by the subcontractor and, therefore, liability shifted to the subcontractor, with steps then taken to enforce via insurer, due to subcontractor’s liquidation. The insured was successfully removed from legal proceedings.

Acted for a construction manager against lighting engineers and a lighting manufacturer, relating to defective lighting installed on the exterior of a residential tower.
Obtained expert evidence and pursued both insurers relating to mitigation costs and supreme court proceedings.

“Working with HBA continues to be a genuinely positive experience. Their team is incredibly responsive and approachable, taking the time to understand not just the legal complexities but also the nuances of our brand and reputation. They provide clear, practical advice grounded in common sense and tailored to our business needs. It’s rare to find lawyers who combine technical excellence with such a collaborative and commercial mindset - we truly value HBA’s support and continued partnership.”
Iain Hovell

Head of Global Insurance, Risk and Assurance, IHG Group

Standout results for our clients in this practice area