When Illegality Meets Fairness in Contract Enforcement
When an unlicensed property agent helped a childcare company find sites, millions in commission were at stake. In Creative Academy v White Pointer (2024), the NSW Court of Appeal split on how far licensing laws reach — but agreed on one thing: restitution wasn’t available. The case shows that fairness comes not from refunding risk but from structuring it — precisely what Clean Law’s escrow oversight achieves.
When Transparency Meets Fairness in Insurance
When ASIC challenged a home insurance clause that told customers to “tell us if anything changes,” the Federal Court sided with the insurer. In ASIC v Auto & General (2024), Justice Jackman found the clause was not unfair, reaffirming that transparency means clarity of meaning, not perfection of expression. Clean Law’s Escrow Oversight model shows how legal design—not litigation—prevents such regulatory tension between fairness and structure.
The Interest Rate That Was Never Really Fixed
This High Court decision shows how a borrower can be misled about a fixed interest rate yet suffer no legally recognised loss. Marks v GIO reveals a structural gap between expectation and compensable harm — and why financial clarity matters before risk materialises.