International Construction Law Review
INDUSTRY BLUSTER AND THE MYTH OF “BALANCE” IN RESIDENTIAL CONSTRUCTION REFORM: RETHINKING GENUINE ACCOUNTABILITY IN A HIGH-RISK SECTOR
MATTHEW HARRIS*
Independent Researcher
ABSTRACT
This paper explores the extent to which developer liability and rectification powers in Victoria and across Australia should be rethought to establish a continuous chain-of-responsibility-style accountability for upstream corporate actors, grounded in expectations formed through their own representations.
I. INTRODUCTION
Is breakfast truly the most important meal of the day? Must love for a partner be shown on Valentine’s Day? Is a diamond ring the only acceptable way to propose? These three industries have indeed benefitted from convincing consumers that the answer is yes. Industry advocacy often reflects self-interest, and commercial actors use lobbying, marketing and narrative-shaping to influence what is treated as “normal”, “necessary” or that which is in the purported “public interest”, when in substance those positions are directed towards private advantage.1 This is just as evident in a global construction sector, where society has become increasingly accepting of the notion that
* Independent Researcher, Melbourne, Australia. Email: research@matthewharris.com.au. A version of this paper was originally written for The University of Melbourne's Master of Laws, Residential Construction Law unit. The author thanks Associate Professor Matthew Bell (Co-Director of Studies for The University of Melbourne's Construction Law Program) and Bronwyn Weir (Weir Legal and Consulting) for their valuable suggestions.
1 See, e.g., Stigler, G J, “The Theory of Economic Regulation”, (1971) 2(1) The Bell Journal of Economics and Management Science 3; Knai, C et al, “A Critical Interrogation of the Legitimacy of Commercial Actors in Food Policy Partnerships”, (2025) 40(5) Health Promotion International daaf171, 3; Transparency International Australia, “Lobbying: Position Paper 2025” (Position Paper, 2025).
Pt 3] Industry Bluster and the Myth of “Balance”
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