# Brockhill & Usherwood Lawyers (BU Lawyers)

> Melbourne law firm specialising in Victorian building and construction law, insurance disputes, professional liability, litigation and commercial law.

- Office: Suite 812/530 Little Collins St, Melbourne VIC 3000, Australia
- Phone: 1300 456 546
- Email: clerk@bulawyers.com.au
- Book an appointment: https://bulawyers.com.au/book/

## Key pages

- [Expert Property Damage Lawyers in Melbourne | Building, Insurance, Litigation](https://bulawyers.com.au/): Our team at Brockhill & Usherwood Lawyers are experts in Building, Property & Insurance Dispute law particularly related to engineering issues, water leaks and insurance.
- [Appointments BU Lawyers | Expert Legal Support](https://bulawyers.com.au/book/): Reach out to BU Lawyers for specialised legal assistance in insurance and financial disputes. Get in touch today for expert guidance and representation.
- [Contact](https://bulawyers.com.au/contact/): Contact Brockhill & Usherwood Lawyers at Suite 812/530 Little Collins St, Melbourne. Call 1300 456 546 or email clerk@bulawyers.com.au.

## Services

- [Comprehensive Legal Services for property owners and Builders](https://bulawyers.com.au/services/): BU Lawyers: Expert legal services in building disputes, insurance claims, contracts, employment law, and professional liability for property owners and construction pros.
- [Comprehensive Business Legal Services | BU Lawyers](https://bulawyers.com.au/services/advice-and-contracts/): Expert legal solutions for businesses of all sizes. Specialising in contracts, compliance, PI insurance, employment law, insolvency, debt recovery, and business structuring.
- [Construction Lawyers Melbourne | Construction Dispute Lawyer](https://bulawyers.com.au/services/building-and-construction-lawyers/): Construction lawyers in Melbourne advising on construction disputes, accident claims, and complex building matters from negotiation through to resolution.
- [Building Contract Lawyers Melbourne | BU Lawyers](https://bulawyers.com.au/services/building-contract-lawyers/): Experienced building contract lawyers in Melbourne advising on building contract disputes, contract reviews, and enforcement matters.
- [Building Disputes Lawyers Victoria | BU Lawyers](https://bulawyers.com.au/services/building-disputes-explained/): Victorian building disputes lawyers — defect claims, engineering failures, plumbing disputes and regulatory investigations. Expert advice for builders.
- [Fractional General Counsel Melbourne | BU Lawyers](https://bulawyers.com.au/services/fractional-general-counsel/): Expert fractional general counsel and legal support services in Melbourne. Cost-effective alternative to full-time in-house legal teams. Strategic legal advice with insurance expertise.
- [Insurance Claim Lawyers Melbourne | Insurance Disputes Lawyer](https://bulawyers.com.au/services/insurance-disputes/): Melbourne insurance lawyers handling insurance disputes, denied claims, and claims matters with clear advice, strategic negotiation, and strong representation.
- [Expert Representation in Professional Liability & Financial Disputes](https://bulawyers.com.au/services/litigation/): BU Lawyers: Specialists in insurance broker liability, financial advice disputes, and Corporations Act claims. We guide clients through IDR, EDR, and AFCA processes.
- [Building Dispute Lawyers Melbourne | Residential Building Lawyers](https://bulawyers.com.au/services/property-disputes/): Experienced building dispute lawyers in Melbourne handling domestic and residential building disputes, defects, and property matters with clear legal advice.
- [Building Contracts & Security of Payment Lawyers | BU Lawyers](https://bulawyers.com.au/services/understanding-construction-contracts/): BU Lawyers advises Victorian builders and contractors on building contracts, security of payment claims and protection works notices under new Victorian law.

## Our people

- [Meet Our Team | BU Lawyers](https://bulawyers.com.au/our-people/): Get to know the skilled professionals behind BU Lawyers. Our team of legal experts is dedicated to providing top-tier service in insurance and contract law.
- [Ben Nadalin: Legal Clerk BU Lawyers](https://bulawyers.com.au/our-people/ben-nadalin/): Ben Nadalin: Legal Clerk BU Lawyers
- [Blair McNamara: Expert Lawyer in Insurance and Commercial Law](https://bulawyers.com.au/our-people/blair-mcnamara/): Blair McNamara: Principal Lawyer at BU Lawyers. Specialises in professional liability, commercial law, and insurance. Experienced in building and financial sectors.
- [Katy Gale: Lawyer in Commercial and Employment Law](https://bulawyers.com.au/our-people/katy-gale/): Katy Gale: Lawyer at BU Lawyers. Experienced in employment law, professional liability, and complex investigations.
- [Paula McNamara: Practice Manager at BU Lawyers](https://bulawyers.com.au/our-people/paula-mcnamara/): Paula McNamara: Practice Manager overseeing daily operations at BU Lawyers. Ensures efficient and productive practice management behind the scenes.

## Infographics

- [Expert Legal Help for Plumbing Issues and Insurance Claims Infographic](https://bulawyers.com.au/infographic/plumbing-issues-insurance-claims/): Infographic titled 'Infographic titled 'Expert Legal Help for Plumbing Issues and Insurance Claims' from BU Lawyers. Heading: Turning Plumbing Failure Disputes

## Articles

- [A Satirical Look at How Professional Indemnity Claims Really Get Handled](https://bulawyers.com.au/articles/20260908-a-satirical-look-at-how-professional-indemnity-claims-really-get-handled/): A satirical take on professional indemnity claims handling, where notification, reconsideration, reservation of rights and the appointment of ever more lawyers replace actually paying a claim.
- [Royal Commissions Spectacle or Genuine Reform](https://bulawyers.com.au/articles/20260907-royal-commissions-spectacle-or-genuine-reform/): A lawyer reflects on what makes a Royal Commission succeed, drawing on the Hayne, child abuse, police informants and Cole commissions, and what Victoria's construction integrity inquiry must deliver.
- [Does Victorian Building Warranty Insurance Really Protect Subsequent Owners](https://bulawyers.com.au/articles/20260906-does-victorian-building-warranty-insurance-really-protect-subsequent-owners/): A building and insurance lawyer analyses Victorian Building Authority v Fall-Armytage and why the Court of Appeal's reading of clause 34 of the VMIA policy can leave subsequent owners with a worthless certificate.
- [How Domestic Insurers Use Cash Settlements to Underquote Repairs](https://bulawyers.com.au/articles/20260905-how-domestic-insurers-use-cash-settlements-to-underquote-repairs/): An insurance lawyer warns that cash settlements and underquoted scopes of works have become standard practice for domestic insurers, and that ASIC and AFCA are not regulating claims practices closely enough.
- [Hydro Consolidation and Earth Movement Exclusions in Property Insurance](https://bulawyers.com.au/articles/20260901-hydro-consolidation-and-earth-movement-exclusions-in-property-insurance/): An insurance lawyer explains hydro consolidation, soil movement exclusions and escape of liquid cover, and why the proximate cause and the right geotechnical expert evidence decide whether a property insurance claim is paid.
- [Why Insurers Are So Poor at Instructing Expert Witnesses](https://bulawyers.com.au/articles/20260831-why-insurers-are-so-poor-at-instructing-expert-witnesses/): An insurance lawyer argues that the thousands of reports produced for domestic building insurers are advocate reports rather than true expert opinion, and that AFCA must demand proper instruction and declarations of independence.
- [The Building and Plumbing Commissions Built In Conflict of Interest](https://bulawyers.com.au/articles/20260828-the-building-and-plumbing-commissions-built-in-conflict-of-interest/): A building and insurance lawyer explains the structural conflict of interest created by folding VMIA and the VBA into the Building and Plumbing Commission, which now regulates builders and administers their DBI insurance.
- [Time Limits for Building Defect Claims in Victoria Just Got More Complicated](https://bulawyers.com.au/articles/20260826-time-limits-for-building-defect-claims-in-victoria-just-got-more-complicated/): A building disputes lawyer unpacks the time limits for building claims in Victoria, the effect of Gledhill v Scotia, section 134 of the Building Act and how the new BPC rectification order powers create a two tier limitation regime.
- [Why You Should Not Repair Property Damage Before Preserving the Evidence](https://bulawyers.com.au/articles/20260824-why-you-should-not-repair-property-damage-before-preserving-the-evidence/): A property damage recovery lawyer explains why you should preserve evidence and establish causation before permanent repairs, and why the person who can fix the damage is not the person who proves who should pay.
- [Use a Rectification Deed Before You Get a Rectification Order](https://bulawyers.com.au/articles/20260823-use-a-rectification-deed-before-you-get-a-rectification-order/): A building disputes lawyer explains how a Rectification Deed setting out scope, timing, access, certification and a release can resolve building defects before the BPC issues a Rectification Order.
- [The Hardest Part of a Property Dispute Is the Uncertainty](https://bulawyers.com.au/articles/20260821-the-hardest-part-of-a-property-dispute-is-the-uncertainty/): A property damage lawyer explains why homeowners manufacture certainty in disputes, why sophisticated clients sit with uncertainty and gather evidence first, and why lawyers need to be in the system earlier.
- [Australia Does Not Just Need More Homes It Needs to Build Them Better](https://bulawyers.com.au/articles/20260820-australia-does-not-just-need-more-homes-it-needs-to-build-them-better/): A building lawyer argues the housing debate ignores construction productivity, and that repeatable processes, standardised subcontracts and fewer builder insolvencies would do more than immigration numbers.
- [Why a Builders Best Defence to a Defect Claim Is Their File](https://bulawyers.com.au/articles/20260819-why-a-builders-best-defence-to-a-defect-claim-is-their-file/): A building disputes lawyer explains why the new BPC regime makes contemporaneous records the strongest defence for builders, from site diaries and photographs to written variations and inspection evidence.
- [The Biggest Financial Decision Australians Make Without Legal Advice](https://bulawyers.com.au/articles/20260818-the-biggest-financial-decision-australians-make-without-legal-advice/): A building contract lawyer argues homeowners commit to their biggest financial decision without specialist legal advice, and that a solicitor's certificate before a domestic building contract would prevent thousands of disputes.
- [Why AI Cannot Predict Your Chance of Winning a Building Case](https://bulawyers.com.au/articles/20260817-why-ai-cannot-predict-your-chance-of-winning-a-building-case/): A litigation lawyer explains why AI tools that predict a percentage chance of winning a building or insurance case give a false sense of scientific precision at the very stage nobody can know the outcome.
- [Should Building Contracts Require a Solicitors Certificate?](https://bulawyers.com.au/articles/20260814-should-building-contracts-require-a-solicitors-certificate/): A building contract lawyer proposes a compulsory solicitor's certificate before major domestic building contracts to stop bad contracts being signed and reduce disputes before the regulator, VCAT and the courts.
- [Australia Needs Repeatable Housing Not More Complex Apartments](https://bulawyers.com.au/articles/20260812-australia-needs-repeatable-housing-not-more-complex-apartments/): A building lawyer makes the case that terraces, townhouses and repeatable medium-density designs can be built faster and cheaper than complex apartments that so often end in defect disputes.
- [Why Victorias Building Reforms Miss the Whole Building Lifecycle](https://bulawyers.com.au/articles/20260811-why-victorias-building-reforms-miss-the-whole-building-lifecycle/): A property damage lawyer argues Victoria's building reforms focus too narrowly on construction and ignore the maintenance, insurance, neighbour and owners corporation disputes that dominate a building's life.
- [When Can You Sue a Building Company Director Personally](https://bulawyers.com.au/articles/20260809-when-can-you-sue-a-building-company-director-personally/): A professional liability lawyer explains when individual building practitioners can be sued personally, why the corporate veil is rarely pierced, and how statutory duties create personal exposure.
- [Building Surveyor Negligence and Liability in Victoria](https://bulawyers.com.au/articles/20260806-building-surveyor-negligence-and-liability-in-victoria/): A building law analysis of the leading Victorian cases on building surveyor negligence including Moorabool, Lacrosse and Tanah Merah, and what they mean for surveyor liability.
- [Should Victoria Abolish Owner Builder Laws?](https://bulawyers.com.au/articles/20260804-should-victoria-abolish-owner-builder-laws/): A building disputes lawyer asks whether Victoria's owner-builder system is still fit for purpose and whether registered builders should supervise all significant domestic building work.
- [Professional Indemnity Insurance Is Not Designed to Protect Claimants](https://bulawyers.com.au/articles/20260903-professional-indemnity-insurance-is-not-designed-to-protect-claimants/): A professional liability lawyer explains why professional indemnity insurance is a defence mechanism rather than a claimant protection, why insurers rarely settle early, and what regulators should change.
- [Why New Building Law Will Not Fix Apartment Water Ingress Disputes](https://bulawyers.com.au/articles/20260802-why-new-building-law-will-not-fix-apartment-water-ingress-disputes/): A property damage lawyer explains why Victoria's building law reforms and the new Building and Plumbing Commission powers leave apartment water ingress, Water Act and owners corporation claims largely unchanged.
- [Why Plumbing in Victoria Has No Insurance Safety Net](https://bulawyers.com.au/articles/20260731-why-plumbing-in-victoria-has-no-insurance-safety-net/): A building and insurance lawyer on why Victoria's plumbing insurance under the 2002 Licensed Plumbers General Insurance Order fails homeowners, including the six year gap and the O'Connell decision.
- [A Neighbour Is Building and Why a Protection Works Notice Is Never Just a Form](https://bulawyers.com.au/articles/20260714-a-neighbour-is-building-and-why-a-protection-works-notice-is-never-just-a-form/): A property damage lawyer explains the rights adjoining owners have under the Building Act 1993 when a neighbour serves a Form 7, including recovery of legal and expert costs and strict time limits.
- [A New General Insurance Code of Practice but Will It Change Anything](https://bulawyers.com.au/articles/20260710-a-new-general-insurance-code-of-practice-but-will-it-change-anything/): An insurance lawyer on the draft General Insurance Code of Practice and why a code is only as good as the conduct it changes, especially the use of preferred repairers as expert witnesses.
- [The Case for a National Civil and Administrative Tribunal for Australia](https://bulawyers.com.au/articles/20260709-the-case-for-a-national-civil-and-administrative-tribunal-for-australia/): A litigation lawyer sets out why the constitutional problems exposed by Burns v Corbett strengthen the case for a National Civil and Administrative Tribunal that delivers consistent procedures across Australia.
- [Victoria Does Not Have a Building Crisis It Has a Legal Enforcement Crisis](https://bulawyers.com.au/articles/20260707-victoria-does-not-have-a-building-crisis-it-has-a-legal-enforcement-crisis/): A building lawyer argues Victoria's real problem is legal enforcement, not a shortage of laws, and calls for a properly resourced tribunal, real costs orders and genuine independence in expert evidence.
- [Victoria Has Watered Down Its Building Reforms Before They Even Started](https://bulawyers.com.au/articles/20260703-victoria-has-watered-down-its-building-reforms-before-they-even-started/): A building disputes lawyer argues the Ministerial Direction has watered down the rectification order regime before it commenced, leaving homeowners with another layer of bureaucracy before VCAT.
- [Victoria's Rectification Order Regime Is Not What Homeowners Were Promised](https://bulawyers.com.au/articles/20260630-victorias-rectification-order-regime-is-not-what-homeowners-were-promised/): A building disputes lawyer on why the Ministerial Direction reserves Rectification Orders for limited cases, leaving most homeowners still heading to VCAT after a fight at the BPC.
- [Why a Great Broker Makes the Difference When a Commercial Insurance Claim Stalls](https://bulawyers.com.au/articles/20260626-why-a-great-broker-makes-the-difference-when-a-commercial-insurance-claim-stalls/): A former broker turned insurance lawyer on why great brokers move stalled commercial claims, when to bring in a lawyer, and why the two roles work best together.
- [The Hidden Cost of Melbourne's Heritage Building Damage](https://bulawyers.com.au/articles/20260624-the-hidden-cost-of-melbournes-heritage-building-damage/): A property damage lawyer on the deteriorating heritage buildings, water ingress and neighbouring works that damage Melbourne's ageing terraces, and why liability insurance held by others can fund recovery.
- [Property Damage Is the Missing Conversation in Victoria's Property Reforms](https://bulawyers.com.au/articles/20260621-property-damage-is-the-missing-conversation-in-victorias-property-reforms/): A property damage lawyer asks who pays when strata property is damaged or defective, and why significant claims involve insurance law, nuisance, negligence, building law and recovery all at once.
- [Victoria's Owners Corporation Reforms Miss the Real Problem](https://bulawyers.com.au/articles/20260618-victorias-owners-corporation-reforms-miss-the-real-problem/): A property damage lawyer argues that Victoria's first tranche of Owners Corporations Act reforms focuses on governance while missing the property damage, insurance and funding issues that devastate owners.
- [Why You Should Engage a Specialist Property Damage and Insurance Lawyer](https://bulawyers.com.au/articles/20260616-why-you-should-engage-a-specialist-property-damage-and-insurance-lawyer/): A specialist lawyer explains the difference between an insurer panel lawyer, a broker and an insurance lawyer who acts only for policyholders and pursues indemnity and recovery.
- [What It Costs to Run a Property Damage Claim](https://bulawyers.com.au/articles/20260614-what-it-costs-to-run-a-property-damage-claim/): A property damage lawyer breaks down the two stages of cost in a property damage claim, from investigation through to tribunal, court and trial, and why quality evidence drives everything.
- [When Tree Root Damage Becomes a Legal Dispute in Victoria](https://bulawyers.com.au/articles/20260612-when-tree-root-damage-becomes-a-legal-dispute-in-victoria/): A property damage lawyer explains when tree roots crossing a boundary give rise to a nuisance claim in Victoria, and how these disputes can uncover boundary and adverse possession issues.
- [Engineering Disputes in Construction: How Geotechnical and Structural Issues Lead to Liability and Apportionment Claims and Choosing The Right Construction Lawyer For Your Needs](https://bulawyers.com.au/articles/engineering-disputes-construction-liability/): Geotechnical and structural failures drive some of the most complex and financially significant construction disputes. We explain how liability arises, how apportionment works, and what to look for in a construction lawyer.
- [Finding the Proximate Cause in a Cracking Building Case](https://bulawyers.com.au/articles/20260610-finding-the-proximate-cause-in-a-cracking-building-case/): A property damage lawyer on why cracking, subsidence and heave cases turn on proximate cause, and why the real answer is often found underground through testing and reasoning.
- [When an Insurance Denial Points You Toward a Stronger Legal Claim](https://bulawyers.com.au/articles/20260609-when-an-insurance-denial-points-you-toward-a-stronger-legal-claim/): A property damage lawyer explains how the reason an insurer declines a claim is often the very reason a builder, plumber, neighbour or professional is liable instead.
- [Property Damage Law Is a Specialist Field of Its Own](https://bulawyers.com.au/articles/20260606-property-damage-law-is-a-specialist-field-of-its-own/): A property damage lawyer explains how property damage law sits at the intersection of building, professional liability, water and insurance law, and why investigation must come before pursuit.
- [Property Damage Claims Start With the Right Expert Investigation](https://bulawyers.com.au/articles/20260603-property-damage-claims-start-with-the-right-expert-investigation/): A property damage lawyer explains why proving a claim starts with matching the right expert evidence to the right cause of action, whether against a builder, insurer, neighbour or professional.
- [Building Contracts Explained: What Builders, Owners and Subcontractors Must Include to Protect Themselves](https://bulawyers.com.au/articles/building-contracts-protections-guide/): Victorian building contracts must now comply with new legislation. We explain what builders, owners and subcontractors need to include to protect their position.
- [Why Professionals Should Have a Litigator Review Their Client Contract Every Year](https://bulawyers.com.au/articles/20260521-why-professionals-should-have-a-litigator-review-their-client-contract/): A litigation lawyer explains why professional indemnity insureds should have a litigator experienced in their sector review their client contract annually so limitations of liability actually hold up.
- [How to Control Your Legal Costs by Preparing a Chronology Before You Engage a Lawyer](https://bulawyers.com.au/articles/20260518-how-to-control-your-legal-costs-by-preparing-a-chronology/): Practical free advice from a litigation lawyer on how to run your dispute efficiently by preparing a chronology, handing over all documents up front and asking about costs early.
- [Reading a Plan of Subdivision and Why Common Property Is Never Simple](https://bulawyers.com.au/articles/20260515-reading-a-plan-of-subdivision-and-why-common-property-is-never-simple/): A building and insurance lawyer on the frustrating lack of conformity in Victorian plans of subdivision and why the boundary between common property and lot property is rarely obvious.
- [Regulatory Investigation Defence for Builders and Plumbers Without Insurance Cover](https://bulawyers.com.au/articles/20260512-regulatory-investigation-defence-for-builders-and-plumbers-without-insurance-cover/): What builders and plumbers facing a Building and Plumbing Commission investigation should do, whether or not they hold D&O or management liability cover for the defence.
- [Security of Payment Legislation: What’s Changing and How Subcontractors Can Improve Debt Recovery](https://bulawyers.com.au/articles/security-of-payment-changes-debt-recovery/): Victoria's 2025 Security of Payment reforms remove reference dates and excluded amounts. Subcontractors can now pursue disputed variations — act fast.
- [Why Financial Lines Brokers Must Notify Every Fact or Circumstance](https://bulawyers.com.au/articles/20260510-why-financial-lines-brokers-must-notify-every-fact-or-circumstance/): A former financial lines broker and now insurance lawyer explains why notifying a fact or circumstance early protects the insured and avoids gaps in claims made cover.
- [Unqualified Expert Witnesses in Building Claims](https://bulawyers.com.au/articles/20260508-unqualified-expert-witnesses-in-building-claims/): Many building and property professionals take money to produce reports they can't defend in court or tribunal. Here's why unqualified expert witnesses are a serious problem.
- [Suing for Water Damage Under Section 16 Water Act](https://bulawyers.com.au/articles/20260507-suing-for-water-damage-under-section-16-water-act/): Section 16 of the Water Act 1989 (Vic) gives property owners a direct right to recover loss from unreasonable water flows. Here's what you need to prove it and win.
- [Gathering Expert Evidence in Property Damage Cases](https://bulawyers.com.au/articles/20260506-gathering-evidence-in-property-damage-cases/): A local tradesperson's report won't establish liability in court. Learn why independent expert evidence, properly instructed — is the foundation of any property damage claim.
- [AFCA's Limits Fail Policyholders on Large Claims](https://bulawyers.com.au/articles/20260505-afcas-limits-fail-policyholders-on-large-claims/): AFCA works for small insurance disputes. For claims over $100k, its no-costs model and weak evidence rules give insurers a structural advantage policyholders rarely see.
- [Why Insurers Use Weak Experts to Deny Claims](https://bulawyers.com.au/articles/20260504-why-insurers-use-weak-experts-to-deny-claims/): Insurers often deny property damage claims using preferred repairers who've never given court evidence. These denials are contestable — often on a no win no fee basis.
- [Disputed Insurance Claims. Why Action Beats IDR](https://bulawyers.com.au/articles/20260501-disputed-insurance-claims/): When an insurer denies your property damage claim and anchors its position, internal dispute resolution rarely shifts them. Legal action is what works — and costs them.
- [Owners Corporations: Pursue Builders for Defects](https://bulawyers.com.au/articles/20260429-owners-corporations-pursue-builders-for-defects/): Many owners corporations pay to fix common property defects themselves when a viable warranty claim against the builder exists. Here's why that's worth reconsidering.
- [Protection Works Notices Explained: What Adjoining Owners Should Do and How a Construction Lawyer Can Help and Understanding When You Need A Construction Lawyer](https://bulawyers.com.au/articles/protection-works-notices-adjoining-owners/): Served with a Form 7 protection works notice in Victoria? Understand your rights, strict deadlines, and how BU Lawyers can protect your position.
- [Why Better Expert Evidence Wins Property Claims](https://bulawyers.com.au/articles/20260425-why-better-expert-evidence-wins-property-claims/): Evidence quality determines whether a property damage claim succeeds or fails. Learn why a lawyer may seek stronger expert reports — and what happens when they don't.
- [Expert Evidence in Property Damage Claims](https://bulawyers.com.au/articles/20260422-expert-evidence-in-property-damage-claims/): Property damage claims turn on expert evidence. A building consultant or engineer's report shapes your cause of action before you spend a cent on litigation.
- [Water ingress claims in apartments. What lot owners can claim against an owners corporation](https://bulawyers.com.au/articles/20260420-water-ingress-in-apartments/): Lot owners suffering water ingress from common property can claim repairs, damages and costs against the owners corporation. Know your rights and act early.
- [Building and construction whistleblowers. Know your legal protections](https://bulawyers.com.au/articles/20260416-building-and-construction-whistleblowers/): Whistleblowers in building and construction have substantial legal protections under the Corporations Act. Know your rights before making a disclosure.
- [Don’t expect your PI insurance to cover you](https://bulawyers.com.au/articles/20260414-dont-expect-your-pi-insurance-to-cover-you/): Purchasing a PI policy is not enough. Without proper review, accurate disclosure and timely notification, your professional indemnity cover may fail you.
- [Plumbing Issues and Insurance Claims: Who Is Liable in Heave Cases, Roof Leaks and Ground Plumbing Defects?](https://bulawyers.com.au/articles/plumbing-issues-insurance-liability/): BU Lawyers handle plumbing-related building failures including heave, soil movement and underground pipe failures. Expert claims under the Water Act, warranty insurance and general insurance policies.
- [The Victorian Supreme Court has ruled on non-compliant cladding](https://bulawyers.com.au/articles/20260412-victorian-supreme-court-rules-on-non-compliant-classing/): Section 137F of the Building Act 1993 imposes personal liability on directors for cladding rectification costs. PI insurance alone may not provide adequate cover.
- [Insurance claims handling in domestic building. Why the system is failing homeowners](https://bulawyers.com.au/articles/20260409-home-and-strata-plumbing-and-builders-warranty-insurance/): Domestic building and plumbing insurance claims are being denied without proper oversight. AFCA and VCAT are not fit for purpose. Reform is urgently needed.
- [Building more homes. Is government helping or hindering Victoria's building industry?](https://bulawyers.com.au/articles/20260405-building-more-homes/): Rising costs and increasing regulation are making it harder for builders to deliver the homes Australia needs. The industry deserves a say in what comes next.
- [Victoria's plumbing insurance gap. The recommendations the government has not implemented](https://bulawyers.com.au/articles/20260402-victorias-plumbing-insurance-gap/): Despite claims of implementing all review recommendations, Victoria's government has not addressed critical plumbing insurance issues affecting homeowners.
- [Builders and plumbers need new subbie contracts prior to the new legislative regime of 1 July 2026](https://bulawyers.com.au/articles/20260330-builders-and-plumbers-need-new-subbie-contracts-prior-to-1-july-2026/): Rectification orders under Victoria's new building regime mean builders need updated subcontractor contracts now. Here is what your agreements must include.
- [Building and Plumbing Commission Review Jurisdiction: What Builders Need to Know and How It Impacts You](https://bulawyers.com.au/articles/building-plumbing-commission-review-builders/): Builders and plumbers facing Building and Plumbing Commission investigations need urgent legal advice. BU Lawyers explain review jurisdiction, rectification orders and your rights under the new 2025 laws.
- [The Victorian construction industry has just been hit with some massive proposed changes](https://bulawyers.com.au/articles/20260327-massive-changes-to-victorian-construction-industry/): Victoria's Building and Plumbing Administration and Enforcement Bill 2026 introduces sweeping enforcement powers including personal liability and civil penalties.
- [Personal liability for building directors](https://bulawyers.com.au/articles/20260325-personal-liability-for-building-directors/): The Building and Plumbing Administration and Enforcement Bill 2026 proposes personal liability for directors in domestic building disputes. What builders must know.
- [Victoria is overhauling building law, why is plumbing insurance still being ignored?](https://bulawyers.com.au/articles/20260323-victoria-is-overhauling-building-law/): The new Building and Plumbing Administration and Enforcement Bill 2026 still has no changes to plumbing insurance. The Licensed Plumbers General Insurance Order 2002 is failing consumers and plumbers.
- [Building Defect Disputes: What Apartment Owners and Owners Corporations Need to Know About Making a Claim and The Crucial Role Of A Specialist Construction Lawyer](https://bulawyers.com.au/articles/building-defect-disputes-apartment-owners/): Apartment defect claims are complex. Learn why expert selection, early legal advice and strategic identification of liable parties are critical for owners corporations in Victoria.
- [Oppressive conduct, what meets the threshold under s232?](https://bulawyers.com.au/articles/20260316-oppressive-conduct-what-meets-the-threshold-under-s232/): Oppression claims get thrown around a lot in director disputes. The Skytraders case is a solid reminder of what the threshold actually requires and where allegations fall short.
- [New bill to formally establish the Building and Plumbing Commission](https://bulawyers.com.au/articles/20260322-new-bill-to-establish-the-building-and-plumbing-commission/): The Building and Plumbing Administration and Enforcement Bill 2026 had its first reading on 17 March. It abolishes the VBA, creates the BPC and establishes tight new review timelines.
- [Two types of insurance claim denials and only one of them is right](https://bulawyers.com.au/articles/20260318-two-types-of-insurance-claim-denials/): Not all insurance claim denials are legitimate. Understanding the difference between a rightly denied claim and one the insurer just doesn't want to pay is critical.
- [Protection works, your neighbour is building and your legal fees can be paid](https://bulawyers.com.au/articles/20260311-protection-works-your-neighbour-is-building-and-your-legal-fees-can-be-paid/): Under section 97 of the Building Act 1993, adjoining owners can have legal and expert fees paid when a neighbour commences building works. But you only have 14 days to respond
- [Trades contracting directly with homeowners, do you need a major domestic building contract?](https://bulawyers.com.au/articles/20260309-do-you-need-a-major-domestic-building-contract/): Most building work over $16,000 in Victoria needs a major domestic building contract. This applies to trades too, not just registered builders. Here's what gets caught.
- [When builders fail there is often more insurance than you think, if you know how to claim](https://bulawyers.com.au/articles/20260302-when-builders-fail-there-is-often-more-insurance-than-you-think/): DBI isn't the only cover when a builder fails. Plumbing insurance, PI insurance and other classes of cover can all respond, but only if you know how to claim them
- [Victoria has overhauled building regulation but what about plumbing insurance?](https://bulawyers.com.au/articles/20260220-victoria-has-overhauled-building-regulation-what-about-plumbing-insurance/): Despite major reform of the VBA into the Building and Plumbing Commission, plumbing insurance under the 2002 Order remains outdated and unregulated. Where is the progress?
- [Victoria's building regulation is changing, are you ahead of it or behind it?](https://bulawyers.com.au/articles/20260219-victorias-building-regulation-is-changing/): 2026 brings massive building regulation changes to Victoria including the new BPC, first resort insurance and minimum financial standards. Builders need to act now, not at 30 June.
- [Proportionate liability in Victoria's new building regime, our Lawyers Weekly article](https://bulawyers.com.au/articles/20260218-lawyers-weekly-article/): Our Lawyers Weekly article examines key issues around proportionate liability under Victoria's new building regime. Essential reading for construction lawyers and building professionals.
- [Builders, your subcontractor agreements need updating before the new BPC regime lands](https://bulawyers.com.au/articles/20260217-builders-subcontractor-agreements-need-updating/): Victoria's Building and Plumbing Commission is rolling out rectification orders and new regulation. Builders need updated subcontractor agreements to protect themselves now.
- [Offshore staffing in law firms, why it hasn't worked for us](https://bulawyers.com.au/articles/20260215-offshore-staffing-in-law-firms/): Every day I get pitched offshore staffing solutions. We tried it. It didn't work for complex litigation. Here's why we invest in local Australian legal staff instead
- [How a deed of settlement and contract of sale can end your building dispute](https://bulawyers.com.au/articles/20260210-how-a-deed-of-settlement-can-end-your-building-dispute/): Litigation is costly and stressful. There is another way. A deed of settlement paired with a contract of sale can give owners, builders and developers a clean exit.
- [You're buying legal services through your insurance, do you know what you're getting?](https://bulawyers.com.au/articles/20260207-buying-legal-services-through-your-insurance/): Most businesses buy insurance to cover legal risk but never ask who will act for them when a claim hits. Here's what to ask your broker now, not when you're sued.
- [Are you a building contractor who hasn't been paid?](https://bulawyers.com.au/articles/20260205-are-you-a-building-contractor-who-hasnt-been-paid/): Unpaid as a building contractor? Explore 3 realistic options from negotiation to adjudication, statutory demands and court proceedings to recover your debt in Victoria.
- [In 2024 - 25 VCAT had over 2000 building defect applications](https://bulawyers.com.au/articles/20260204-in-2024-vcat-had-over-2000-building-defect-applications/): That’s after those applications have been through DBDRV. So there are many more to come under the new regime.
- [Are you a Victorian based building practitioner or property owner?](https://bulawyers.com.au/articles/20260126-are-you-a-victorian-based-building-practiioner-or-property-owner/): If YES, you need to understand the new domestic building laws! Due to take shape in just under 5 months! (1 July 2026).
- [Positive housing market growth for 2026](https://bulawyers.com.au/articles/20260126-positive-housing-growth-for-2026/): This HIA article describes the positive housing market growth for 2026 in apartments as well as stand alone dwellings - which is great news!
- [Morning all from Torquay!](https://bulawyers.com.au/articles/20260129-morning-all-from-torquay/): Firstly, No, I’m not still on leave - just working from our Torquay Lawyers office today. What an amazing view.
- [How to get your professional or sub contractor terms and conditions reviewed](https://bulawyers.com.au/articles/20260128-how-to-get-your-professional-or-subcontractor-terms-and-conditions-reviewed/): Here are 4 key items I focus on when undertaking an ‘ANNUAL’ review.
- [Restraint of trade](https://bulawyers.com.au/articles/20260128-restraint-of-trade/): At Brockhill & Usherwood Lawyers and as a specialist dispute lawyer with a dedicated suite of lawyers across building and financial disputes we commonly deal with RESTRAINT.
- [We all know that legal disputes can be costly...this includes: 'Business Partnership Break Ups'](https://bulawyers.com.au/articles/20260126-we-all-know-legal-disputes-can-be-costly/): Firstly, the typical term used by many is a 'partnership break up' BUT these are actually more commonly: Shareholder Disputes being a dispute between shareholders in a corporation.
- [When Your Business Partnership Turns into a Fight - Here’s What Every Owner Needs to Know](https://bulawyers.com.au/articles/20260126-when-your-business-partnership-turns-into-a-fight/): Running a business with partners or other shareholders can be one of the most rewarding experiences… until it isn’t!
- [Suing the Builder: Why strata claims become problems for strata managers and committee members](https://bulawyers.com.au/articles/20260125-suing-the-builder/): In Melbourne strata land, suing builders has almost become a rite of passage.
- [My first day back after a lovely summer break](https://bulawyers.com.au/articles/20260120-my-first-day-back-after-a-lovely-summer-break/): I love this time of year. It gives us an opportunity to get ahead with our plans and get the ball rolling for an efficient 2026.
- [Denied insurance claims](https://bulawyers.com.au/articles/20260116-denied-insurance-claims/): It’s the Xmas break and the last thing anyone wants to think about is insurance or worse an insurance claim being denied.
- [The 3 key things that REALLY matter in building and property; legal and insurance claims.](https://bulawyers.com.au/articles/20260114-the-three-key-things-that-really-matter-in-building-and-property-legal-and-insurance-claims/): Those who know me, who have instructed me, even opposed me, they know: Expert Witness experience, access, grounds for opinion, credibility, independence and report writing are key!
- [Dead, disappeared, or insolvent](https://bulawyers.com.au/articles/20260109-dead-disappeared-or-insolvent/): If a homeowner in Victoria has incomplete building works or defective building works they need 1 of these 3 things to claim on Domestic Builders Warranty Insurance: death, disappearance, or insolvency.
- [To all my building contacts I need your help!](https://bulawyers.com.au/articles/20260105-to-all-my-building-contacts-i-need-help/): Late this evening I am working pro bono for an elderly resident facing eviction from her property, given a notice with 2 business days to exit! CAN you BELIEVE that.
- [Last week, the Victorian Court of Appeal handed down an important decision on the construction of a management liability policy](https://bulawyers.com.au/articles/20251224-the-victorian-court-of-appeal-handed-down-an-important-decision/): The insured operated a gaming venue. After its commercial relationship with the landowner collapsed, litigation followed. The landowner advanced not only an equitable compensation claim, but also allegations of fiduciary breach, unconscionability and ACL contraventions.
- [Do you have water ingress at your strata property?](https://bulawyers.com.au/articles/20251223-do-you-have-water-ingress-at-your-strata-property/): Too often I see lot owner’s hoping, vacillating, and harassing committee members and pressuring strata managers while owners corporations don’t act on the issues.
- [The General Insurance Code of Practice and why I think it is like a slap in the face with a wet fish](https://bulawyers.com.au/articles/20251221-the-general-insurance-code-of-conduct-and-why-i-thnk-its-like-a-slap-in-the-face-with-a-wet-fish/): The Code, GICOP or piece of paper, whatever you want to call it comes with little real power as it is not a legally binding document granting rights to the other party (insured) which can be enforced. For example, it doesn’t grant an insured a right to have the provisions enforced in Court!
- [The pre-Christmas opportunity to settle](https://bulawyers.com.au/articles/20251220-the-pre-christmas-opportunity-to-settle/): As we come up to this time of year, every client, insured, plaintiff, applicant, co-defendant wants a resolution. They want out if they can.
- [What a shocking portrayal of VMIA!!!](https://bulawyers.com.au/articles/20251219-what-a-shocking-portrayal-of-vmia/): Victorian Ombudsman Marlo Baragwanath found that VMIA failed to 'effectively communicate its decisions and intentions to homeowners, creating a justifiable perception of unfairness'.
- [2025 is nearly over and as we look ahead to Xmas and hopefully a break for all](https://bulawyers.com.au/articles/20251218-2025-is-nearly-over/): I start thinking what defined 2025 and what’s to come in Law, Insurance, and Building.
- [Are you involved in a strata building defect dispute?](https://bulawyers.com.au/articles/20251218-are-you-involved-in-a-strata-building-defect-dispute/): The Victorian Civil and Administrative Tribunal like some other Tribunals have a huge backlog and are consumed by delays with volumes of multi-party matters more appropriate for the Court.
- [At Brockhill & Usherwood Lawyers we love to support practitioners looking to retire or even BETTER to re-direct their careers](https://bulawyers.com.au/articles/20251217-supporting-practitioners-looking-to-retire/): We provide support in the form of back office billing, support staff and carriage of matters so that you can keep practising and wind down to retirement BUT continue to add value to your clients.
- [AFCA, BPC, BAB, FWC and even VCAT. What has happened to traditional courts?](https://bulawyers.com.au/articles/20251214-afca-bpc-bab-fwc-vcat-what-happened-to-traditional-courts/): Well they have been gradually eroded for other forms of dispute resolution.
- [New neighbour building](https://bulawyers.com.au/articles/20251212-new-neighbour-building/): As Victoria’s residential construction seeks to ramp up and evolve, we expect more substantial strata and multi level developments…these and other works can cause damage to neighbouring owners.
- [Noise complaints in construction](https://bulawyers.com.au/articles/20251210-noise-complaints-in-construction/): Noise complaints are one of the most common reasons people complain about neighbouring construction works.
- [Are you buying a home in Victoria?](https://bulawyers.com.au/articles/20251202-are-you-buying-a-house-in-victoria/): Here is a quick overview of your legal rights for building issues.
- [It doesn’t matter what profession you are in, you are in the business of CUSTOMER SERVICE…](https://bulawyers.com.au/articles/20251211-you-are-in-the-business-of-customer-service/): Yes even if you practice law - customer service!
- [Leaky strata buildings…and who owns the defective property?!](https://bulawyers.com.au/articles/20251111-leaky-strata-buildings-and-who-owns-the-defective-property/): In certain cases, it is not 100% clear who owns the defective property in an apartment building.
- [University of Melbourne Law School Masters - Subject: ‘Residential Construction Law’ kicked off today!](https://bulawyers.com.au/articles/20251109-university-of-melbourne-new-law-masters-subject/): Our very own Katy Gale attending and she was very excited to see some leading lights in Victorian Construction law presenting.
- [Are you a senior lawyer considering retirement or winding down?](https://bulawyers.com.au/articles/20251107-are-you-a-senior-lawyer-or-winding-down/): If so, hold that thought.
- [We need more help locating quality remedial builders in Victoria AND the Building and Plumbing Commission should be doing more to assist rectification!](https://bulawyers.com.au/articles/20251104-help-locating-quality-remedial-builders-in-victoria/): This article identifies how bad building defects have got in Australia
- [Building and pest inspections](https://bulawyers.com.au/articles/20251101-building-and-pest-inspections/): We have only recently entered the conveyancing space with Torquay Lawyers and Brockhill & Usherwood Lawyers with a need for what we see as a technical focus on purchases of stand alone dwellings and apartments too.
- [Engineers and building surveyors even if you are an employee you can be sued personally](https://bulawyers.com.au/articles/20251031-employees-and-building-surveyors-can-be-sued-personally/): Is that news to YOU!?
- [Professional employees YOU need estate planning advice!](https://bulawyers.com.au/articles/20251031-professional-employees-you-need-estate-planning-advice/): It doesn't matter whether you are a financial adviser, valuer, strata manager, engineer, architect, building surveyor, accountant, lawyer or any other professional - Getting a will doesn't need to be time consuming, costly or hard!
- [Here is an example of efficient building works!](https://bulawyers.com.au/articles/20251030-an-example-of-efficient-building-works/): I walk past this location in Torquay taking my kids to their primary school. Four weeks ago these 10 townhouses were barely commenced.
- [Insolvency in the construction sector and the right to claim directly from an insurer](https://bulawyers.com.au/articles/20251029-insolvency-in-the-construction-sector/): Section 601AG 'Explained' - Really Simply for something not so simple.
- [Hot off the press and NOT in Marsh's favour…](https://bulawyers.com.au/articles/20251017-hot-off-the-press-and-not-in-marshs-favour/): Many know Marsh as a key player in the global insurance broking area. But now this mega global broker has seen itself in a major cross jurisdictional battle arising from the Greensill Bank collapse which occurred in 2021.
- [There is so much talk in Victoria with new planning laws coming to bear and the potential for substantial new residential developments](https://bulawyers.com.au/articles/20251016-new-victorian-planning-laws/): Further, whilst building law changes in Victoria under the Building Legislation Amendment (Buyer Protection) Act 2025 (Vic) mean a new development bond is proposed for developments over 3 stores and an array of other protections for consumer owners
- [Water ingress and Water Act claims at VCAT](https://bulawyers.com.au/articles/20251009-water-ingress-and-water-claim-acts-at-vcat/): One of the most common causes of action I deal with in relation to Property damage and defects in buildings (in particular apartments) are water flow claims under the Victorian legislation - section 16 and section 157 of the Water Act 1989 (Vic).
- [The <INSERT PROFESSIONAL> was negligent](https://bulawyers.com.au/articles/20251002-the-professional-was-negligent/): I hear this nearly every day. But negligence like any legal concept requires certain proofs, certain thresholds which may differ by jurisdiction, professional types and other factors.
- [Earlier in the week I got a call from a client who wanted to know whether they should file a building defect claim now or wait for the new legislative changes](https://bulawyers.com.au/articles/20250920-file-a-building-defect-claim-now-or-wait-for-the-legislative-changes/): After all the new changes are being hyped up as the new Great thing!
- [Settlement terms with the Building and Plumbing Commission](https://bulawyers.com.au/articles/20250919-setlement-terms-with-the-building-and-plumbing-commission/): Now that the VMIA, DBDRV and VBA are all the BPC… are you still with me on all the acronyms?
- [Behind Every Building Dispute is a team effort](https://bulawyers.com.au/articles/20250918-behind-every-building-dispute-is-a-team-effort/): This week, one of our lawyers and I are in the thick of preparing for a VCAT hearing in the building and property list.
- [Building and Plumbing Commission I have a question for you](https://bulawyers.com.au/articles/20250917-building-and-plumbing-commission-i-have-a-question-for-you/): With the concerns with plumbing issues in Victoria, including the recent drainage blitz finding a 1/3 of drains failed a recent audit.
- [The most expensive legal advice you'll ever get is the advice you seek after you've been sued!](https://bulawyers.com.au/articles/20250916-the-most-expensive-legal-advice-you-ever-get-is-the-advice-you-seek-after-youre-sued/): In the building industry, legal risk is everywhere from defects, contracts, proportionate liability and of course disputes.
- [Australia's Strata Crisis](https://bulawyers.com.au/articles/20250915-australia-strata-crisis/): It's estimated some 4 million Australians now live in strata including apartments, townhouses and units.
- [A case in the ABC news about homeowners and the BPC](https://bulawyers.com.au/articles/20250913-a-case-in-the-news-about-homeowners-and-the-bpc/): This one is close to home, I myself reside in Torquay...
- [A new building dispute resolution regime is coming to Victoria and touted to commence 1 July 2026](https://bulawyers.com.au/articles/20250908-a-new-building-dispute-resolution-regime-is-coming-to-victoria/): If you are a builder, plumber, developer or homeowner you NEED to be considering what Rectification Orders are and the effect of new regime NOW!
- [Professional Liability – Lessons from the Front](https://bulawyers.com.au/articles/20250907-professional-liability-lessons-from-the-front/): Over the years I've advised clients in Australia, London, Asia and New Zealand on professional and director liability claims. Mostly after the event has occurred.
- [Here is an uncomfortable topic for lawyers or in fact any professionals](https://bulawyers.com.au/articles/20250906-here-is-an-uncomfortable-topic-for-lawyers-or-in-fact-any-professionals/): Professional liability, lawyer stuff ups, professional indemnity insurance claims and the tenuous process of fighting these claims…
- [Insurance claim denied? Here's the truth: you shouldn't need a lawyer](https://bulawyers.com.au/articles/20250823-insurance-claim-denied-heres-the-truth-you-shouldnt-need-a-lawyer/): As I always say - you should just need a great broker!
- [Fractional General Counsel: Why Growing Businesses Are Making the Shift](https://bulawyers.com.au/articles/20250902-fractional-general-counsel-why-growing-businesses-are-making-the-shift/): Here's the hard truth: hiring a full-time General Counsel will set you back $200k+ (and that's before super, payroll, workers compensation and a desk). And let's be honest—that figure doesn't always buy 'top shelf.'
- [Strata managers, building defects and insurance](https://bulawyers.com.au/articles/20250825-strata-manangers-building-defects-and-insurance/): I get that it's not a walk in the park being a strata manager and in many cases it's wearing multiple hats and herding cats!?
- [Shareholder Breakups: The Corporate Divorce Nobody Wants](https://bulawyers.com.au/articles/20250824-shareholder-breakups-the-corporate-divorce-nobody-wants/): Shareholder breakups are ugly. Don't let anyone sugar-coat it. Even when all precautions are taken.
- [Here is something in legal practice I will never shy away from](https://bulawyers.com.au/articles/20250823-treat-staff-with-respect/): If you treat our staff with disrespect and aggression you will not be our client.
- [Superannuation is where the average Australian holds much of their wealth... other than say the family home](https://bulawyers.com.au/articles/20250901-superannuation-is-where-the-average-australian-holds-much-of-their-wealth/): This article raises a real risk with a non-binding nomination or the risks if no nomination exists at all.
- [Now I don’t even know if the delay in this case is true. I don’t presume to know…](https://bulawyers.com.au/articles/20250822-concussion-victims/): Over the years, my dealings with Zurich amongst the collective of all insurers has been good both in underwriting and claims.
- [Patience is a virtue!](https://bulawyers.com.au/articles/20250820-patience-is-a-virtue/): In modern litigation and in many professions - timing is paramount
- [Why contingency fees should extend beyond class actions in Victorian civil litigation](https://bulawyers.com.au/articles/20250813-why-contingency-fees-should-extend-beyond-class-actions/): Argument for expanding contingency fee arrangements beyond class actions to all civil litigation in Victoria, examining the benefits for clients and proper regulatory frameworks needed for implementation
- [Builders, plumbers and homeowners be aware of new legislation and 28-day time limits](https://bulawyers.com.au/articles/20250811-builders-plumbers-and-homeowners-be-aware-of-new-legislation/): Critical information about new 28-day time limits for VCAT appeals under the Building Legislation Amendment (Buyer Protection) Act for rectification orders and first resort insurance decisions effective July 2026
- [Don't contact the expert witness and why proper instruction processes matter in litigation](https://bulawyers.com.au/articles/20250810-dont-contact-the-expert-witness/): Guidance on maintaining proper boundaries between clients and expert witnesses in building, property and insurance litigation to protect legal privilege, independence and case success
- [Building law, duty of care and a tale of two cities comparing Melbourne and Sydney](https://bulawyers.com.au/articles/20250802-building-law-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
- [Licensed plumbers left behind and why plumbing insurance in Victoria needs attention too](https://bulawyers.com.au/articles/20250802-licensed-plumbers-left-behind/): Victoria's plumbing insurance framework gaps compared to recent domestic building insurance reforms, examining why licensed plumbers need better insurance coverage and consumer protection parity
- [New domestic building dispute regime jurisdictional concerns for the Building and Property Commission](https://bulawyers.com.au/articles/20250731-new-domestic-building-dispute-regime-jurisdictional-concerns/): Analysis of potential jurisdictional limitations facing the Building and Property Commission's new dispute regime when federal matters or interstate parties are involved, based on Burns v Corbett and related case law
- [Combustible cladding legal proceedings and recovery costs for building professionals](https://bulawyers.com.au/articles/20250729-combustable-cladding-legal-proceedings-and-recovery-costs/): 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
- [Building Legislation Amendment (Buyer Protection) Bill 2025 implications for building professionals](https://bulawyers.com.au/articles/20250725-building-legislation-amnedment-bill-2025-implications/): Analysis of Victoria's new Building Legislation Amendment (Buyer Protection) Bill 2025, examining rectification orders, proportionate liability changes, and insurance implications for architects, engineers, plumbers and building surveyors
- [Making mistakes in professional life and learning from professional liability claims](https://bulawyers.com.au/articles/20250716-making-mistakes-in-professional-life/): Insights from a professional liability lawyer on how professionals can learn from mistakes, prepare for claims, and implement risk mitigation strategies before problems arise to reduce stress and protect their business
- [Professionals need to protect themselves from legal risk before something goes wrong](https://bulawyers.com.au/articles/20250710-professionals-need-to-protect-themselves-from-legal-risk/): Risk management strategies for building professionals and financial advisers beyond just buying PI insurance, including annual policy reviews, contract alignment, and engagement process optimization to minimize liability exposure
- [Regulatory engagement, investigations and insurance coverage for professionals](https://bulawyers.com.au/articles/20250704-regulatory-engagement-investigations-and-insurance-coverage/): Guidance for professionals facing regulatory investigations from VBA, ASIC and other authorities, including how to check PI insurance coverage for investigation costs and when to seek legal advice
- [Managing legal risk is more than just buying insurance](https://bulawyers.com.au/articles/20250625-managing-risk-is-more-than-just-buying-insurance/): how effective professional liability risk management extends beyond purchasing PI insurance to include proactive legal strategies, process improvements, and risk avoidance measures that protect professionals before claims arise
- [When VCAT can award costs against parties and settlement rejection consequences](https://bulawyers.com.au/articles/20250619-when-vcat-can-award-costs-against-parties/): Analysis of VCAT's power to award litigation costs under sections 109 and 112 of the VCAT Act, including circumstances where rejecting settlement offers may result in adverse cost orders for applicants and respondents.
- [Aligning contract terms with Professional Indemnity Insurance for better claim protection](https://bulawyers.com.au/articles/20250614-aligning-contract-terms-with-professional-indemnity-insurance/): How regularly reviewing professional service contract terms and ensuring consistency with PI insurance coverage can significantly reduce liability risks and improve insurance renewal outcomes for professionals across all industries
- [Regulatory Investigations and Client Legal Privilege: ASIC v Macleod](https://bulawyers.com.au/articles/20250504-maintaining-legal-priviledge-in-asic-investigations/): Learn how ASIC v Macleod impacts legal professional privilege in regulatory investigations. Essential guidance for professionals on protecting privileged communications while cooperating with regulators.
- [When regulators come calling: Protecting your professional career](https://bulawyers.com.au/articles/20250501-when-regualtors-come-calling/): Essential guidance for Australian professionals facing regulatory scrutiny. Learn about the critical insurance gaps in regulatory investigations and strategies to protect your career and reputation.
- [AFCA systemic issues report reveals significant problems in insurance claims handling](https://bulawyers.com.au/articles/20250428-afca-systemic-issues-report-reveals-significant-problems/): Analysis of AFCA's 2024-25 Systemic Issues Report highlighting insurance claims handling issues, determination implementation failures, and responsible lending concerns affecting 187,855 customers.
- [The great insurance con: A friendly reminder that 'self-regulation' isn't working](https://bulawyers.com.au/articles/20250425-insurance-self-regulation-failing-australian-consumers/): The General Insurance Code of Practice provides zero legal protection for consumers facing claim denials. This analysis explains why self-regulation isn't working and why reform is urgently needed.
- [Ahead of the election - getting homes built is a big issue](https://bulawyers.com.au/articles/20250420-ahead-of-the-election-getting-homes-built-is-a-big-issue/): Australia needs urgent reform of domestic building warranty insurance to address delays, litigation, and coverage caps. National minimum standards could boost housing confidence ahead of the election.
- [Shareholder breakups and oppression proceedings](https://bulawyers.com.au/articles/20250417-shareholder-breakups-and-oppression-proceedings/): Victoria's Supreme Court Oppression Proceedings List offers efficient resolution for shareholder disputes through streamlined processes, document access orders, and early mediation in under six months.
- [Building and insurance law legal update: State of Victoria v L.U. Simon Builders Pty Ltd [2025] VSCA 52](https://bulawyers.com.au/articles/20250415-victorias-landmark-cladding-recovery-ruling/): Victorian Court of Appeal confirms the State's right to recover cladding rectification costs from builders through subrogation, with significant implications for hundreds of affected buildings.
- [AFCA needs an expert witness practice note like VCAT's PNVCAT2 to ensure unbiased insurance reporting](https://bulawyers.com.au/articles/20250410-expert-witness-reform-needed-why-afca-should-follow-vcats-lead/): Analysis of AFCA's need for expert witness guidelines similar to VCAT's PNVCAT2, alongside critical examination of Victoria's proposed 'first resort' building insurance scheme and its shortcomings.
- ['First resort' insurance scheme for Victoria? More like smoke & mirrors](https://bulawyers.com.au/articles/20250407-first-resort-insurance-scheme-for-victoria-more-like-smoke-and-mirrors/): Victoria's Building Legislation Amendment Bill centralizes DBI insurance and introduces Rectification Orders, but fails to address critical gaps in building defect remediation and insurance coverage.
- [Building a new home in Victoria is like buying a property off the plan](https://bulawyers.com.au/articles/20250329-the-hidden-dangers-in-victorian-home-building-contracts/): Learn the hidden risks in Victorian home building contracts and how to protect yourself. Key advice on inspection rights, contract clauses, and avoiding common builder tactics.
- [Document disclosure in strata: Why are managers withholding crucial reports?](https://bulawyers.com.au/articles/20250315-document-disclosure-in-strata/): Strata managers often withhold crucial building reports from lot owners without legal basis. Learn about document access rights and why refusing disclosure leads to unnecessary legal costs.
- [ASIC's action against Hollard: A welcome stand against insurance claim delays](https://bulawyers.com.au/articles/20250311-asics-action-against-hillard/): ASIC's action against Hollard Insurance highlights the serious impact of claim delays on homeowners. Learn how this case may strengthen consumer protections against insurer delays.
- [The MBV and HIA have voiced their disapproval at the newly proposed domestic building legislation in Victoria](https://bulawyers.com.au/articles/20250311-disapproval-of-the-newly-proposed-domestic-building-legislation-in-victoria/): Critical analysis of Victoria's proposed Building Legislation Amendment Bill 2025: examining rectification orders, liability issues, and implementation challenges for builders and homeowners
- [When company disputes become shareholder oppression](https://bulawyers.com.au/articles/20250310-when-customer-disputes-become-shareholder-oppression/): Understanding shareholder oppression in Australian corporate law: when disputes constitute legal oppression, remedies available under the Corporations Act, and landmark cases defining these protections.
- [Half of all workers in Australia have some kind of restraint in their contract](https://bulawyers.com.au/articles/20250307-half-of-all-workers-in-australia-have-some-kind-of-restraint-in-their-contract/): Expert legal guidance on workplace restraints and non-compete clauses. Helping Australian businesses and employees navigate contractual restrictions under evolving legislation.
- [Psychology of litigation: A plaintiff and insured perspective for insurers](https://bulawyers.com.au/articles/20250302-psychology-of-litigation-a-plaintiff-and-insured-perspective-for-buyers/): Insurance litigation costs now reach $100,000-$250,000 for modest claims. Learn why early settlement offers benefit both insurers and plaintiffs by reducing costs and emotional strain.
- [Why Victoria's 'Buyer Protections' law misses the mark](https://bulawyers.com.au/articles/20250220-why-victorias-buyer-protection-law-misses-the-mark/): Victoria's new 'Buyer Protections' law oversimplifies building disputes as builder error when problems often have multiple causes. Learn why this approach may harm homeowners.
- [Victoria's building warranty insurance reforms: A troubling conflict of interest](https://bulawyers.com.au/articles/20250218-victorias-building-warranty-insurance-reforms/): Victoria's building legislation creates a conflict by making VMIA both insurer and regulator. Learn why this compromise undermines genuine consumer protection for defective homes.
- [Expert witnesses are so crucial to legal proceedings](https://bulawyers.com.au/articles/20250215-expert-witnesses-are-so-crucial-to-legal-proceedings/): Expert witness reports at VCAT often fail due to advocacy, overreach of expertise, procedural misunderstandings, and incomplete declarations. Learn how to avoid these critical mistakes.
- [VBA corruption investigation, options for affected homeowners](https://bulawyers.com.au/articles/20250213-vba-corruption-investigation-options-for-affected-homeowners/): Seeking homeowners affected by builders involved in the alleged Victorian Building Authority bribery scheme. Our law firm is investigating recovery options for those who have suffered losses
- [Victoria's Surveillance Devices Act](https://bulawyers.com.au/articles/20250210-victorias-surveillance-devices-act/): Understanding Victoria's surveillance laws: how the Surveillance Devices Act 1999 regulates listening devices, cameras, and tracking technology, with criminal penalties for violations.
- [Victoria's new first resort DBI Insurance Scheme raises questions](https://bulawyers.com.au/articles/20241029-victorias-new-first-resort-dbi-insurance-scheme-raises-questions/): Victoria's proposed first resort DBI insurance scheme for home defects raises questions about coverage limits, costs, dispute resolution, and oversight.
- [Victoria announces sweeping building sector reforms](https://bulawyers.com.au/articles/20241025-victoria-announces-sweeping-building-sector-reforms/): Victorian Planning Minister unveils major changes to building regulation, including defect rectification powers, sale restrictions, and expanded insurance access.
- [Invaluable advice for starting a legal practice](https://bulawyers.com.au/articles/20241023-invaluable-advice-on-starting-a-legal-practice/): An experienced lawyer shares crucial advice for starting a legal practice, emphasizing cash flow management and the importance of using a trust account.
- [Never-ending building litigation at VCAT](https://bulawyers.com.au/articles/20241015-never-ending-building-litigation-at-vcat/): Homeowners face delays and challenges in building litigation at VCAT and County Court. Explore strategies to navigate the system and achieve the best possible outcome.
- [Lawyers question value of LIV's Find a Lawyer referral service](https://bulawyers.com.au/articles/20241013-lawyers-question-value-of-livs-find-a-lawyer-referral-service/): Victorian lawyers share experiences with the LIV's find a lawyer referral service, debating its effectiveness and exploring alternative ways to provide community value.
- [Key requirements to consider in VCAT Expert Witness Reports](https://bulawyers.com.au/articles/20241009-key-requirements-to-consider-in-vcat-expert-witness-reports/): Understand the key requirements for expert witness reports at VCAT, as outlined in Practice Note PNVCAT2 and Schedule 3 of the VCAT Act, to build a strong case.
- [VMIA under scrutiny: domestic building insurance claims](https://bulawyers.com.au/articles/20241005-vmia-under-scrutiny-domestic-building-insurance-claims/): The Ombudsman investigates VMIA's handling of domestic building insurance claims in Victoria, affecting homeowners, builders, and industry participants.
- [Ensure adequate business liability coverage](https://bulawyers.com.au/articles/20241002-ensure-adequate-business-liability-coverage/): Business owners must review insurance policy wordings for D&O, public liability, PI, and cyber coverage to ensure adequate protection against liability risks.
- [Calderbank offers trigger early settlement negotiations](https://bulawyers.com.au/articles/20240930-calderbank-offers-trigger-early-settlement-negotiations/): Calderbank offers and offers of compromise can initiate early settlement negotiations and create costs consequences, benefiting plaintiffs, defendants, and insurers.
- [Victorian Ombudsman investigates VMIA's DBI claim handling](https://bulawyers.com.au/articles/20240925-victorian-ombudsman-investigates-vmias-dbi-claim-handling/): The Victorian Ombudsman seeks submissions on VMIA's handling of domestic building warranty insurance claims, aiming to improve fairness and efficiency.
- [Plumbing defects and insurance claims under ministerial order](https://bulawyers.com.au/articles/20240920-plumbing-defects-and-inusrance-claims-under-ministerial-order/): Understand the Licensed Plumbers General Insurance Order 2002 and its implications for plumbing defect claims, including scope of cover and legal costs.
- [The problem of builders 'tapping the mat' in Victoria](https://bulawyers.com.au/articles/20240915-the-problem-of-builders-tapping-the-matt-in-victoria/): Victoria's ongoing issue of builders becoming insolvent leaves homeowners facing financial losses and navigating a slow, convoluted system. More action is needed.
- [Insureds must monitor unresolved litigation to mitigate risks](https://bulawyers.com.au/articles/20240910-insureds-must-monitor-unresolved-litigation-to-mitagate-risks/): Insureds with liability policies should actively monitor unresolved litigation to minimize costs, explore settlement options, and avoid future coverage issues.
- [5 tips on assessing legal risks in your business](https://bulawyers.com.au/articles/20240908-5-tips-on-assessing-legal-risks-in-your-business/): Discover five tips for assessing legal risks in your business, including risk review, insurable risk register, workshops, insurance gap analysis, and targeted actions.
- [Critical factors in purchasing Run off cover](https://bulawyers.com.au/articles/20240905-critical-factors-in-purchasing-run-off-cover/): Understand the critical factors to consider when purchasing run-off cover, including limitation periods, damages, legal costs, and the importance of legal advice.
- [VBA is not going to save you](https://bulawyers.com.au/articles/20240903-vba-is-not-going-to-save-you/): Recent charges and investigations at the VBA following IBAC searches have raised concerns about the organization's practices and the need for further examination.
- [PI Insurance mitigation costs cover](https://bulawyers.com.au/articles/20240828-pi-insurance-mitigation-costs-cover/): Why mitigation costs cover is crucial in PI insurance for professionals facing potential claims, even when a formal claim has not been triggered.
- [Challenges to the operation of the Victorian Civil and Administrative Tribunal](https://bulawyers.com.au/articles/20240811-challenges-to-the-operation-of-the-victorian-civil-and-administrative-tribunal/): Recent decisions from various tribunals and courts have changed the operation of the VCAT.
- [Employment law update - Fair Work Ombudsman statement on CFMEU](https://bulawyers.com.au/articles/20240723-fair-work-ombudsman-statement-on-cfmeu/): The Fair Work Ombudsman has confirmed it is continuing investigations into the Construction, Forestry and Maritime Employees Union (CFMEU) following various allegations, including potential contraventions of the Fair Work Act 2009 (Cth).
- [Employment law update: New National General Protections List](https://bulawyers.com.au/articles/20240710-new-national-general-protections-list/): A pilot program for a new National General Protections List in the Federal Court of Australia will begin on 1 September 2024 and run for eight months.
- [Employment law update: Fair Work Ombudsman issues proceedings against residential builder](https://bulawyers.com.au/articles/20240616-fair-work-ombudsman-issues-proceedings-against-residential-builder/): The Fair Work Ombudsman has issued proceedings in the Federal Circuit and Family Court against the operator of a residential building and construction business in south-west Sydney for allegedly failing to comply with a Compliance Notice.
- [Employment law update: Changes to casual employment](https://bulawyers.com.au/articles/20240531-changes-to-casual-employment/): A number of changes in relation to casual employment will be introduced in August of this year under the Fair Work Legislation Amendment
- [Case note: Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union (North East Link Project Case) [2024] FedCFamC2G 396](https://bulawyers.com.au/articles/20240513-fair-work-ombudsman-v-construction-forestry-and-martime-employees-union/): The Construction, Forestry and Maritime Employees Union (CFMEU) and one of its officials have had $51,280.00 in penalties imposed against them for unlawful conduct at a North East Link Project site in February 2021.
- [Employment law update: Fair Work Ombudsman Secures Nearly $100,000 in Penalties Against Mortgage Broking Business and Manager](https://bulawyers.com.au/articles/20240421-fair-work-ombudsman-secures-nearly-100000-in-penalties-against-mortgage-broking-business/): The Fair Work Ombudsman has secured $99,900.00 in penalties in Federal Circuit and Family Court proceedings against Ansa Finance Pty Ltd and its manager, Joshua Fuoco.
- [Employment law update: Criminalising intentional underpayment](https://bulawyers.com.au/articles/20240416-criminalising-intentional-underpayment/): The Fair Work Ombudsman has urged employers and employees with the new Fair Work Legislation (Closing Loopholes) Act 2023 (Cth) ("Closing Loophole Laws").
- [Case Note: Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union](https://bulawyers.com.au/articles/20240324-fair-work-ombudsman-v-construction-forestry-and-maritime-employees-union/): A recent decision in the Federal Circuit and Family Court of Australia has seen the Construction, Forestry and Maritime Employees Union (CFMEU) penalised for a union official’s admitted adverse action against a health and safety manager.
- [Case Note: Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205](https://bulawyers.com.au/articles/20240313-plunkett-v-portier-pacific-pty-ltd-civil-claims/): Do you have proceedings at VCAT? Should your case be referred to a Court instead? The recent case of Plunkett v Portier Pacific Pty Ltd considered this and was referred to the Supreme Court.
- [Employment Law update: Fair Work Ombudsman v J.D. Chapen Nominees Pty Ltd (in liq) [2024] FedCFamC2G 85](https://bulawyers.com.au/articles/20240311-fair-work-ombudsman-v-jd-chapen-nominees-pty-ltd/): A recent employment law matter in the Federal Circuit and Family Court saw the Fair Work Ombudsman rely on the accessorial liability provisions of the Fair Work Act 2009 (Cth) to bring claims against the individuals (a former director, general manager and accountant) as well as the employing entity involved in contraventions of the Act.
- [Employment Law update – Right to disconnect](https://bulawyers.com.au/articles/20240223-right-to-disconnect/): The Fair Work Commission is investigating whether flexible work-from-home arrangements should be a legal entitlement for around 2.2 million workers on award wages
- [When is a claim at the VCAT Statute barred?](https://bulawyers.com.au/articles/20230704-when-is-a-claim-at-the-vcat-statute-barred/): The recent Victorian Civil and Administrative Tribunal decision in Steedman v Greater Western Water Corporation [2023] VCAT 128 found that the 6 year time limitation in section 5 of the Limitation of Actions Act 1958 (Vic) does not apply to certain statutory claims where VCAT has exclusive jurisdiction.
- [An Australian first: Contingency fees in Victoria](https://bulawyers.com.au/articles/20240604-contingency-fees-in-victoria/): In an Australian first, contingency fees for lawyers are being proposed in Victoria. That is, lawyers earning their fee by a percentage of a court award or settlement.
- [Legal Updates: Construction, Property & Commercial | BU Lawyers](https://bulawyers.com.au/articles/): Expert insights on Australian law: building disputes, property, insurance, commercial litigation, contracts, and employment. Stay informed with BU Lawyers' updates.

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