Articles about Regulatory compliance page 4

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
  • Ahead of the election - getting homes built is a big issue

    Blair McNamara

    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.

  • AFCA needs an expert witness practice note like VCAT's PNVCAT2 to ensure unbiased insurance reporting

    Blair McNamara

    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.

  • '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.