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
  • 'First resort' insurance scheme for Victoria? More like smoke & mirrors

    Blair McNamara

    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.

  • Building a new home in Victoria is like buying a property off the plan

    Blair McNamara

    Building a new home in Victoria comes with significant contractual risks that many buyers overlook. This post exposes the concerning practices in domestic building contracts, from misleading 'fixed price' terms to restrictions on independent building inspections. It highlights critical contract clauses that leave homeowners vulnerable and offers practical advice on protecting your interests when building, including securing your right to professional inspections throughout the construction process.

  • Document disclosure in strata: Why are managers withholding crucial reports?

    Blair McNamara

    This post exposes a frustrating pattern in strata management where owners corporations and their managers withhold important building reports from affected lot owners without legal justification. Drawing from current case experience involving water ingress and mould issues, it highlights how this unnecessary obstruction often forces lot owners into costly legal proceedings, ultimately driving up costs for all parties involved, and reminds strata managers that documents not obtained through lawyers aren't protected by legal privilege.

  • The MBV and HIA have voiced their disapproval at the newly proposed domestic building legislation in Victoria

    Blair McNamara

    Master Builders Victoria (MBV) and Housing Industry Association (HIA) have issued a united rejection of the Victoria Government’s proposed new building dispute resolution legislation, describing it as ‘unfair and unworkable’.

  • 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.