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Ahead of the election - getting homes built is a big issue
As Australia faces a housing crisis, the inadequacy of domestic building warranty insurance has emerged as a critical barrier to building sector confidence. This post examines the nationwide problems with the current system, including claims delays, litigation issues, and coverage caps, while highlighting calls for federal minimum standards to protect homeowners and support housing growth ahead of the upcoming election.
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Shareholder breakups and oppression proceedings
The Supreme Court of Victoria's dedicated Oppression Proceedings List offers business owners a streamlined and effective solution for resolving shareholder disputes in as little as six months. This post highlights how the Court's proactive case management approach—featuring standardized orders for document access, valuation timetables, and early mediation—cuts through the complexity of corporate breakups to deliver more efficient, cost-effective outcomes for warring business partners.
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Building and insurance law legal update: State of Victoria v L.U. Simon Builders Pty Ltd [2025] VSCA 52
A landmark ruling by the Victorian Court of Appeal in State of Victoria v L.U. Simon Builders Pty Ltd has significantly strengthened the government's ability to recover cladding rectification costs from builders. The decision clarifies that the State can be subrogated to the rights of both owners corporations and individual lot owners when funding cladding removal, potentially opening the door for substantial recoveries across hundreds of affected buildings in Victoria.
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AFCA needs an expert witness practice note like VCAT's PNVCAT2 to ensure unbiased insurance reporting
This post examines two critical issues in Australian insurance dispute resolution: AFCA's lack of formal expert witness guidelines and Victoria's problematic new 'first resort' building insurance scheme. It highlights how AFCA could benefit from adopting VCAT's PNVCAT2 practice note to ensure truly independent expert reporting, while also exposing the concerning gaps in Victoria's proposed building insurance reforms that could leave homeowners vulnerable despite promising consumer protections.
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'First resort' insurance scheme for Victoria? More like smoke & mirrors
Victoria's new Building Legislation Amendment Bill centralises domestic building insurance with VMIA while introducing Rectification Orders to force builders to fix defects. But this critical analysis reveals serious gaps in consumer protection: slow remediation processes, ongoing insurance coverage issues, and inadequate oversight of repair quality. The post questions whether the reforms offer genuine solutions or merely create a monopoly without addressing the fundamental problems homeowners face with defective buildings.
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We write about recent legal updates, significant court cases, and changes to regulations. Keep informed about the latest developments in Australian law.
