Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I developed 11 units in midland perth and two were completed…

Customer Question
I developed 11 units...

I developed 11 units in midland perth and two were completed and nine were practically completed before the builder became insolvent. Fitting of water heaters and air conditioners. I have builders insurance for each unit which specifically states insolvency is covered. On calling QBE they state that insolvency is not covered in Western Australia due to legislation. This has never been mentioned in any communication to me. They also cite number of units, again this is not mentioned and in any case the policy is per unit not build.

Lawyer's Assistant: Have you talked to a Western Australia lawyer about this?

No not as yet but may have to I guess.

Lawyer's Assistant: What steps have you taken so far?

Spoken to QBE insurance and asked for the clause that precludes insolvency in WA

Submitted: 2 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
5/28/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,543
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months ago

do you have a copy of the policy that states the cover with you ?

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months ago

ok, can you type out the wording for me so I can review that policy condition, alternatively, you select telephone services nso we can speak on the phone now if you prefer.

Ask Your Own Australia Law Question
Customer reply replied 2 months ago
Thanks John I dont think this is going to work and I will just see a local lawyer
Solicitor: John Melis, Lawyer replied 2 months ago

I have sent you a special offer to assist you. Please look it will help you and I can talk you through the points.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months ago

One point of consideration on your matter, is if QBE is deny the claim per unit, and the cover is stated in the policy conditions, you may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The local process process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,543
3,543 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,543 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I am living in Western Australia and like to sign up for
I am living in Western Australia and like to sign up for local Legal Protection Insurance … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,543 satisfied customers
I have a friend who is attempting to build with a home
I have a friend who is attempting to build with a home builder, they have signed the contracts about 6 months ago and in the contract was provisions for the builder to obtain permits within 45 days of… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am based in Western Australia I have received a Minor Case
I am based in Western Australia I have received a Minor Case Claim on a Form 4 from the Magistrates Court of Western Australia ( civil jurisdiction ) I personally have been sued for the remaining 50 %… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
My wife purchased a house and land package in a gated community
My wife purchased a house and land package in a gated community estate in Lowood early in 2014. The Covenants at the time included a garden shed and a rainwater tank. After the land was acquired we vi… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I would like some advice. My son died in June of last year
I would like some advice. My son died in June of last year and left no will. He has a son aged 12 years who is entitled to benefit from his whole estate. Apparently his mother is the recommended perso… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
is it the norm that a multistorey multiunit developer is exempt
is it the norm that a multistorey multiunit developer is exempt from home indemnity insurance ? got a form to fill out to acknowledge that I as a buyer to a unit (off plan) accept that the I have no r… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi, Im in Perth Western Australia. I had several air
Hi, I'm in Perth Western Australia. I had several air conditioners installed at my new house about a year ago. The location of the air conditioning units was defined by vendor drawings showing exact i… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I am a property owner who has employed a builder to construct
I am a property owner who has employed a builder to construct a five residential unit development in Perth ( we are taking two of the units ourselves). Insurer QBE will provide the policy required in … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My son passed away 6 months ago. Unbeknown to him, he and his
My son passed away 6 months ago. Unbeknown to him, he and his girlfriend had conceived a baby 8 days earlier (she is now almost 30 weeks pregnant). He died in Perth, Australia, but was only there earn… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have two questions regarding charges and work carried out
I have two questions regarding charges and work carried out by the builder World Concept Homes. On 18/11/2011 we signed a contract With World Concept Homes for a new home. We supplied architects drawi… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
my wife is a school teacher with education dept. of western
my wife is a school teacher with education dept. of western Australia. Last week on the fifth of September 2013 she slipped on a step at work causing her to slip and land on her back resulting in an e… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My daughter engaged a contractor to install a split system
My daughter engaged a contractor to install a split system air conditioner. This is her first house brand new. The contractor arrived on site and within minutes had drilled through a water pipe in the… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Llast December my sister sustained a severe broken ankle whilst
Llast December my sister sustained a severe broken ankle whilst walking down the driveway of her place of work to commence her shift and has been on workcover since that time - treatment including sur… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Own a Unit in Mona Vale, NSW, in a large block of Units. Built
Own a Unit in Mona Vale, NSW, in a large block of Units. Built 6 years ago, Owners still having construction problems: ie water leaks into units and common areas when it rains, air cond does not work,… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My question is about discrimination on medical grounds. I
My question is about discrimination on medical grounds. I have a diagnosis of infrequent deep sleep seizures which I have had for over 12 years. I was prescribed a low dose of Tegretol 200 in 2007 whi… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
my house was insulated one day ago. when the person that put
my house was insulated one day ago. when the person that put the insulation in my house ceiling unplug the down pipe from my air cooler machine he forget to plug it back the pipe that run the water to… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
This story appeared briefly in the news in Western Australia
This story appeared briefly in the news in Western Australia at the weekend and then disappeared from every news source. I saw it on the evening tv news but it hasn't appeared in any newspapers. I rec… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
We purchased a house and moved in two months ago. The house
We purchased a house and moved in two months ago. The house is nearlly two years old with no previous occupants. We found out two weeks ago there is concrete in the main plumbing pipe connected to the… read more
Helen Downey
Helen Downey
Bachelor's Degree
42 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x