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.

  • ASIC's action against Hollard: A welcome stand against insurance claim delays

    Blair McNamara

    An initially accepted claim was ultimately denied after 18 months, resulting in escalated damage requiring demolition. The commentary highlights how such delays disproportionately harm homeowners who lack funds for repairs while awaiting decisions, and raises important questions about AFCA's effectiveness and whether this case might strengthen legal protections for consumers seeking to challenge insurers in court.

  • 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.