Articles page 18

We write about recent legal updates, significant court cases, and changes to regulations. Keep informed about the latest developments in Australian law.
Building advice and contracts
  • When company disputes become shareholder oppression

    Blair McNamara

    Shareholder oppression laws protect minority interests in Australia's 3.4 million companies, allowing courts to intervene when conduct unfairly prejudices members—but as recent cases show, not every company dispute qualifies for these protections under the Corporations Act.

  • Half of all workers in Australia have some kind of restraint in their contract

    Katy Gale

    A non-compete clause is a condition in an employment contract that tries to prevent or restrict an employee from moving to a competitor.

  • Psychology of litigation: A plaintiff and insured perspective for insurers

    Blair McNamara

    Why do insurers rarely make early settlement offers when litigation costs can devour $250,000 for modest claims? This analysis reveals how the psychology of delay hurts all parties and makes a compelling business case for more strategic, proactive settlement approaches that could save insurers money while reducing the emotional toll on everyone involved.

  • Why Victoria's 'Buyer Protections' law misses the mark

    Blair McNamara

    Victoria's new building legislation makes a critical mistake: assuming all defects are builder errors. Drawing from years of frontline experience, this post reveals how building issues often stem from multiple sources—from design professionals to neighboring properties—and explains why narrowly focused 'protections' may actually delay justice for homeowners rather than delivering it.

  • Victoria's building warranty insurance reforms: A troubling conflict of interest

    Blair McNamara

    Victoria's proposed building legislation creates a concerning conflict of interest by housing both the insurer (VMIA) and the regulator within the same Building and Plumbing Commission. This post examines how this arrangement could undermine consumer protection when homeowners face building defects, as the same body that fights insurance claims would also be responsible for protecting homeowners' interests—raising serious questions about whether these reforms truly serve consumers.