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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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Building a new home in Victoria is like buying a property off the plan
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.
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Document disclosure in strata: Why are managers withholding crucial reports?
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.
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The MBV and HIA have voiced their disapproval at the newly proposed domestic building legislation in Victoria
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’.
Articles about Property disputes page 3
We write about recent legal updates, significant court cases, and changes to regulations. Keep informed about the latest developments in Australian law.
