Victoria Does Not Have a Building Crisis It Has a Legal Enforcement Crisis
Victoria doesn’t have a domestic building crisis. It has a legal enforcement crisis.
Hell this is a problem across our nation.
So, you have a defective dwelling or property damage…?
…and the builder gets prosecuted and fined…how does that help you?
What about an insurance claim?
If you don’t have a broker these days, you basically will have a domestic insurer looking for a way out of your claim.
Why would they pay? When they can delay for 6-12 months and be awarded byearning interest while you wait!
The solution I constantly here is:
- Every few months we’re told that another reform is coming.
- What about real enforcement? Like an extremely efficient and resourced VCAT that hears building cases in 6 - 12 months through to trial.
- What about AFCA having jurisdiction to award indemnity costs orders and hear oral evidence and actually enforce independence in expert evidence?
But all we hear is:
A new regulator. A new code. A new warranty scheme. A new layer of “consumer protection”.
It all sounds impressive.
But I will let you in on a secret …
It really is all just a big ‘B’ and ‘S’ if you can’t enforce your rights efficiently.
The reality is Victorian homeowners are not protected by the legal enforcement system!
Laws on their own do nothing, no-thing, NOTHING!
Here is my dream:
I want to see a Federal Tribunal system and real costs orders, not just indemnity costs, I want full solicitor client costs with interest that supports litigation funding. Plus a Civil Procedure Act that requires strict compliance.
When your home is seriously defective, or your property has suffered damage, you don’t need another government glossy. You need action and a forum ther delivers.
For years I’ve been critical of the GICOP - becuase what is a code without practical enforcement - it’s words on a page.
The same exists across our building and insurance systems. Government attention is focused on regulation. Laws are cheap. Actual system improvement costs and at state level the funds aren’t there.
Here is the problem pure and simple:
- No attention is given to what happens after things go wrong.
- It’s all about new laws.
Laws are nothing without action! We need forums, efficient forums and mechanisms so that people like me can help you.
I really think we need a new Federal Tribunal the punches hard. I mean real HARD! Pumps out costs orders and helps consumers and lets be:
- done with VCAT entirely, lets strike it out!
- lets dump AFCA and have a super Tribunal!
- With Justice Hammerschlag style efficiency.
Victoria doesn’t need more headlines announcing another reform.
It needs a system that works, where legal rights can be enforced quickly, affordably and repercussions for delay!
The state tribunal system in Australia does not suit our constitution. Burns and Corbett has said as much - we need a solution for not just jurisdictional issues but real world resolution.
Who is in?!
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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