Building Disputes and VCAT
VCAT (Victorian Civil and Administrative Tribunal) hears building disputes both domestic and commercial, and does not have a limit on the amount of money that may be claimed.
You may go to VCAT self-represented, or you may ask for VCAT’s permission to have someone represent you. Often the cases heard at VCAT are complex, so it is advisable you get independent legal advice about your position before applying to VCAT about a dispute, or defending yourself. Speak to Jess about your particular situation, and she will help you resolve any legal issues and whether VCAT is the best way to go. Disputes in VCAT can become very time consuming and expensive, and you probably do not want to endure further delay if possible.
Domestic Building Claims:
If your dispute involves a home owner, you do not apply directly to VCAT – the Domestic Building Dispute Resolution Victoria (DBDRV) is there to provide a free conciliation service supported by building assessors.
However there are exceptions to this rule – you do not need to go to DBDRV when the dispute is with a tradesperson carrying out only one kind of specific work such as electrical, painting, tiling, plumbing etc.
Commercial Building Claims
When there is a commercial dispute VCAT looks directly at the agreement to determine the outcome.
Review of a decision about building work
VCAT can look at decisions made by DBDRV and review:
- A decision to issue or amend a dispute resolution order,
- Decision to issue a notice of breach of dispute resolution order,
- Failure to issue a certificate of conciliation, or
- A decision to pay money out of the DBDRV Trust Fund.
There are time limits – you must apply to VCAT within either 10 or 20 business days for review (so act promptly!), however VCAT does have the power to extend the time limits in certain situations, and you can apply for time extension within your application.
VCAT does become the forum for resolving domestic building disputes when the DBDRV has not issued an order, and the parties have not been able to reach their own agreement. In practice, this is a very common scenario! If DBDRV hasn’t resolved the dispute, you will be issued with a ‘Dispute Not Resolved (Notice of Conciliation)’ and be able to apply to have the matter heard at VCAT.
VCAT can also review Victoria Building Authority decisions – you can apply to VCAT to:
- Have a plumbing rectification notice or order cancelled, or
- Review a VBA decision to appoint a manager for a private building surveyor’s business or review the conditions of that appointment.
- Again, short time limits apply.
VCAT can also review a decision of a warranty insurer.
VCAT has the power to order to affirm the original decision, vary the decision, set aside the decision and make a new decision, remit the dispute to the decision maker with recommendations, or invite the decision maker to reconsider their decision.
VCAT can also:
- Vary the term of a domestic building contract – including completion date, contract price, or amounts to be paid for an expensive item, and
- Declare unjust terms of a contract as void to avoid injustice.
Application for an injunction:
- If you urgently need to stop another party from doing something, or make them do something, you may apply for an injunction.
- An interim injunction can be made if the matter is urgent and there isn’t enough time to tell the parties about the application – the hearing as set at a later date will decide whether the injunction continues.
- This will only be allowed if you explain why your matter is urgent and requires an injunction, and this is accepted as valid by VCAT.
- If one of the parties in the dispute is a home owner, it isn’t necessary to apply to Domestic Building Dispute Resolution Victoria (DBDRV) before applying for the injunction – go straight to VCAT!
This is general advice only. Liability limited by a scheme approved under Professional Standards Legislation.
Published May 25, 2018
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