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Building law, duty of care and a tale of two cities comparing Melbourne and Sydney
Comparison of building law duty of care obligations between Victoria and NSW, examining how subsequent homeowners' rights to sue building professionals differ dramatically between Melbourne and Sydney.
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Combustible cladding legal proceedings and recovery costs for building professionals
Analysis of Victorian combustible cladding recovery proceedings following State of Victoria v L.U. Simon Builders, examining exposure risks for architects, engineers, building surveyors and contractors in residential strata disputes.
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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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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.
Articles about Property disputes
We write about recent legal updates, significant court cases, and changes to regulations. Keep informed about the latest developments in Australian law.
