IAG Ordered to Pay $40 Million Penalty for Misleading Discount Promises
The Australian Securities and Investments Commission (ASIC) has urged insurers to improve their systems following a major Federal Court decision involving Insurance Australia Group (IAG). The Court found that IAG made false and misleading representations to customers regarding loyalty discounts…
Building a Home? How to Protect Yourself from Disputes and Builder Misconduct
Bastion Legal’s Dean Charalambous recently featured on the Site Inspections YouTube channel with Zeher Khalil in a two-hour investigation uncovering how families were left devastated by forged contracts, invalid insurance, structural defects, and no protection when their builder failed them.
Comprehensive Report Reveals Major Failures by Victoria’s Building Regulator in Protecting Homeowners
A critical independent review conducted by Weir Legal and Consulting has revealed the continual failures within the Victorian Building Authority (VBA), highlighting its inability to protect homeowners from defective and incomplete construction…
A First-Time Homebuyer’s Costly Lesson in Building Defects
In this episode of Site Inspections, we look at a case where homeowners were allowed to move into their properties without an Occupancy Certificate (OC), even though the works were incomplete and non-compliant.
Insurance Claims Handling Under Increased ASIC Scrutiny
The Australian Securities and Investments Commission (ASIC) has confirmed that insurance claims handling will be a key enforcement priority for 2024. This follows a year of regulatory focus on pricing misconduct in the insurance industry…
ASIC Enforcement Priorities
At its Annual Forum, ASIC’s Deputy Chair Sarah Court announced the 2025 enforcement focus, emphasising consumer risks stemming from cost of living pressures. Key priorities include…
Building Insurance & Your Rights: What They Don’t Tell You (VMIA | DBI | QBCC)
Dean Charalmbous joined Zeher Khalil on the Site Inspections podcast to dive into the world of construction law and homeowner rights. In this episode, we unpack some of the complexities around construction insurance and what homeowners need to know during the building phase.
‘LACROSSE’ Tanah Merah (Vic) Pty Ltd v Owners Corporation
The case has been the catalyst for exclusions in professional indemnity insurance cover, withdrawals of insurance cover and increased premiums for practitioners in the building and construction industry, including consultants such as those in this case (architects, building surveyors and fire engineers)…
Owners Corporation PS505245E and Ors v Moresi Builders Pty Ltd and Anor (Domestic Building) [2011] VCAT 1630
In Owners Corporation PS505245E and Ors v Moresi Builders Pty Ltd and Anor (Domestic Building) [2011] VCAT 1630, the Owners Corporation PS505245E and individual lot owners (“the applicants”), initiated proceedings against Moresi Builders Pty Ltd (“the builder”). The builder was responsible for constructing their residential multi-unit residential complex located in Richmond.
Hipworth v VWA [2024] VCC 2054 (Copy)
The case of Kozarov v Victoria [2022] HCA 12 concerns a claim brought by the appellant, Mr. Kozarov, who sought compensation under the Victorian WorkCover scheme for injuries sustained during his employment with the State of Victoria. Mr. Kozarov, employed as a public transport driver, was involved in a workplace accident that led to severe back and neck injuries.
Hipworth v VWA [2024] VCC 2054
he case of Hipworth v VWA revolves around the claim of Rosemary Hipworth, who sought leave to bring proceedings against the Victorian WorkCover Authority (VWA) for damages related to pain and suffering, as well as pecuniary loss.
FAHEY v VWA [2024] VCC 2029
In Fahey v VWA, the plaintiff, Mr. Fahey, sustained a right shoulder injury from a traumatic scapular fracture, which caused ongoing pain, reduced range of motion, and physical limitations. The injury led to significant challenges in both his professional and personal life. While he returned to work full-time, his role was modified to accommodate his restrictions, which included lifting limitations and avoiding tasks that required significant use of his right arm.
Elisha v Vision Australia Limited [2024] HCA 50
Mr. Elisha was employed by Vision Australia Limited (“Vision Australia”) as an adaptive technology consultant. In March 2015, he was involved in allegations of serious misconduct, specifically related to aggressive behaviour. These allegations were in relation to Mr Elisha’s conduct during his stay in a hotel in rural Victoria amidst his work duties (“the incident”).
Chandler v VWA [2024] VCC 2051
Mr. Chandler, the plaintiff, suffered a work-related injury to his left knee in October 2018, which led to a fall that exacerbated pre-existing shoulder conditions. He experienced significant ongoing pain in both shoulders, with his left shoulder condition deteriorating over time. Despite extensive treatment, including surgeries, physiotherapy, and pain management strategies, Mr. Chandler's left shoulder pain remained severe, significantly affecting his daily life.
Simmonds-Thatcher v Kamari [2021] VSCA 133
In Simmonds-Thatcher v Kamari [2021] VSCA 133, Ms. Simmonds-Thatcher (“the plaintiff”), was a passenger in a taxi that stopped to drop her off. After stopping, she walked around the rear of the stationary taxi and stepped onto the street, where she was struck by a vehicle driven by Mr. Kamari (“the defendant”). The driver of the vehicle claimed that he did not have an opportunity to see Ms. Simmonds-Thatcher before the collision.
Piedimonte v Transport Accident Commission [2023] VCC 1698
In the case of Piedimonte v Transport Accident Commission [2023] VCC 1698, Ms. Piedimonte (“the plaintiff”), sought leave to initiate common law proceedings against the Transport Accident Commission (“TAC”)(“the defendant”) for injuries sustained in a transport accident on 1 April 2016. The primary issue was whether her right hip injuries, specifically a labral tear and osteoarthritis, were caused or aggravated by the accident or were the natural progression of a pre-existing condition.
Moore v Goldhagen [2024] VSCA 25
The case of Moore v Goldhagen involves a claim for damages following an incident in September 2017, where Mr. Moore (“the applicant”) alleged that he was injured while attempting to board a bus at a bus stop in Moorabbin. The applicant alleged that the bus driver (“the respondent”) closed the doors and drove off, causing him to fall and sustain injuries. He made reports to both Victoria Police and the Transport Accident Commission (“TAC”), which recorded details of the incident, including that the bus may have mounted the kerb.
Hayden Norman v Transport Accident Commission
The case of Hayden Norman v Transport Accident Commission arose from a claim by Hayden Norman (“the plaintiff”), against the Transport Accident Commission (“TAC”) (“the defendant”) under the Transport Accident Act 1986 (Vic). The claim related to injuries sustained by Norman while he was a passenger in a car driven recklessly by a friend. Norman sought compensation on the basis that the driver’s negligence caused the accident.
Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (5 March 2024)
On 13 April 2023, the respondents made an application pursuant to section 77 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) that this proceeding be struck out and the matter referred to the Supreme Court of Victoria.
Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9
In Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9, Anna Maria Troise and Luciano Troise (“the owners”), entered into a domestic building contract with Blue Key Properties Pty Ltd (“the builder”), for the construction of a residential property. A dispute arose regarding the completion of the building works, specifically related to the issuance of a conditional occupancy permit.