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.