Articles page 24

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
  • 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.

  • Expert witnesses are so crucial to legal proceedings

    Blair McNamara

    Expert witnesses can make or break your case, but many reports submitted to VCAT fail to meet basic requirements. This post highlights four critical shortcomings frequently observed in building and Water Act proceedings: experts who act as advocates rather than independent advisors, opinions extending beyond qualifications, premature Scott Schedules, and incomplete declarations—all of which can undermine your case's credibility.

  • VBA corruption investigation, options for affected homeowners

    Blair McNamara

    We are actively investigating recovery avenues for homeowners who have suffered financial losses or defective construction work from builders potentially involved in the alleged Victorian Building Authority bribery scheme.