What to expect when going to the Building and Property List at VCAT
Last updated 31 October 2024
Last updated 31 October 2024
This resource provides some practical tips about what to expect when going to go to the Building and Property list at the Victorian Civil and Administrative Tribunal (VCAT).
Domestic building disputes between a homeowner and a builder must be conciliated by Domestic Building Dispute Resolution Victoria (DBDRV) before an application can be made to VCAT.
VCAT requires applications to the Building and Property List to attach a DBDRV “Certificate of Conciliation” proving that the dispute was unable to be resolved through conciliation.
Everyone involved in a building dispute are referred to as ‘parties’ to VCAT proceedings. The parties include:
Most VCAT hearings are heard at VCAT’s main hearing venue, at 55 King Street, Melbourne.
VCAT also has registries in regional areas. Information about VCAT’s location and contact details is available on VCAT’s website.
Disputes about building are heard in the “Building and Property List” at VCAT.
Opening times: Monday to Friday 9am – 4.30pm (closed public holidays)
Phone: 1300 01 8228
Email: civil@vcat.vic.gov.au
Fax: 03 9628 9988
VCAT will tell you in writing whether your hearing will be in-person, via-phone, or videoconference. VCAT usually issues a “Notice of Hearing” stating how the hearing will be conducted.
If you can’t attend in person, you can ask to attend via telephone. Complete the application form on the VCAT website to request telephone attendance. Apply at least 2 days before your scheduled hearing date.
What you should bring to VCAT depends on the type of hearing you will be attending.
DO bring
✔ A plan: Prepare a plan of how you will present your case. If you are attending a final hearing, this will include your submissions for the hearing, a breakdown of the amounts claimed, and a list of questions for any witnesses.
✔ Your documents: Collect and organise all of the documents you wish to show the VCAT member, for example, a copy of your application (if you are the applicant), the building contract, quotes, tax invoices, reports from experts and photographs. Ensure you bring photocopies of your documents for the other people at the hearing (enough for the other parties and the VCAT member).
✔ Other documents: Bring all of the documents the Tribunal or other party has given to you.
✔ A pen and paper
DON’T bring
🗙 Food: Do not bring food into the hearing room.
🗙 Cameras or recording devices: However, you can take you mobile phone to VCAT, just make sure you switch it off or turn it onto “silent” when you enter the hearing room.
🗙 Dangerous items: Security checks are performed as you enter VCAT.
When you arrive at VCAT on your hearing day, you need to go to your hearing room. Find out which hearing room you need to go to by looking at the daily hearing list.
Check the daily hearing list online or in person at VCAT. The daily hearing list is located on the ground floor, just after you pass through security. If you need help, VCAT staff can help.
Your hearing may not be the only one in the room that day. There may be other hearings before and after yours. Ask VCAT staff if you have any questions about where you need to go and when.
You must stand when the VCAT member enters the room and stay standing until they tell you to sit down. The VCAT member will not usually be in the hearing room when you arrive. In most hearings, the VCAT member sits at the front of the room, facing the parties.
If you are representing yourself, you will sit at the long table, called the bar table. At VCAT there are no set rules about which end of the bar table you should sit at, but there are some general principles you can follow.
Applicant: if you are the person bringing the claim, sit closest to the witness box.
Respondent: if someone is bringing a claim against you, sit furthest from the witness box.
If someone is already sitting at the bar table, you should sit on the other end of the table.
Make sure you arrive at least 30 minutes before your hearing. This will give you enough time to go through security and find your hearing room.
VCAT is a tribunal and less formal than court. You don’t need to wear a suit, but dress respectfully.
Try to follow these general rules when appearing at VCAT.
Addressing the VCAT member: Address the VCAT member as “Sir” or “Madam” or by their tile (for example “Deputy President” or “Senior Member”). The title of the Member who is to conduct your hearing will be published on VCAT’s Daily List. You can ask the Bench Clerk in your hearing room for the title of the Member before they enter the hearing room.
Sit when speaking: You can stay seated when you are speaking to the VCAT member.
Speaking order: The applicant (person bringing the claim) will usually speak first and the respondent (person who has a claim brought against them) speaks second.
Communicate clearly: Speak clearly and slowly. When you refer to a document, confirm that the VCAT member and all parties have a copy of the document in front of them and give them a chance to read it.
Wait to speak: Don’t interrupt when other people are talking. You will be given a chance to respond.
Be polite: Be polite to the VCAT member and other parties, even if you don’t agree with what they’re saying.
Take notes: Take notes to keep track of what the other party is saying. This will help you remember what you need to respond to when it’s your turn to speak.
Ask questions: You can ask the VCAT member questions if you’re not sure what to do. However, the VCAT member will not give you any legal advice or help you with your case.
You can bring a support person with you to VCAT, for example a friend or family member.
At hearings: your support person should sit at the back of the hearing room. They will not be able to speak to the VCAT member or ask questions during the hearing.
Mediations and compulsory conferences: when the mediator or VCAT member asks about who is present, you or your support person should tell them your support person’s name and explain they have come as your support person.
Unless a VCAT member orders a hearing to be closed, the hearing will be open to the public. This means that other people may sit at the back of the hearing room and listen to your VCAT hearing.
Mediations and compulsory conferences are not open to the public.
Directions hearings are short hearings where the VCAT member will decide the next procedural steps in the matter, and when the steps should happen.
The types of orders can include:
Requiring the parties to file “pleadings”. The pleadings help the VCAT member and the parties define the issues to be determined by the VCAT member. The applicant can be ordered to file “points of claim” setting out the key facts in chronological order, a breakdown of the loss and damage claimed, and why the applicant says the respondent is liable (e.g. breach of a building contract). The respondent can be ordered to file “points of defence” that responds to each paragraph in the points of claim;
listing a proceeding for mediation or compulsory conference;
setting a date for the parties to file expert reports or other witness statements;
setting a date for “discovery” of documents (when a list of documents is to be provided to the other party, and the documents made available for inspection);
joining further parties to the proceeding;
setting the dates of any further directions hearings and/or the final hearing.
It is helpful if you can speak to the other party before the first directions hearing to see if you can agree to what steps should be taken and when.
Take a pen and paper with you to any directions hearings so you can write down what the orders are. Sometimes VCAT will provide a copy of the orders on the day, but this isn’t always the case.
Interlocutory hearings deal with specific issues that need to be determined before the final hearing. For example, an interlocutory hearing might be scheduled if a party lodges an application for procedural matters (such as ordering a party to give the other party documents).
VCAT has published a practice note about how to apply for a directions hearing and/or an urgent hearing. You should read the VCAT practice note if you want VCAT to hold an interlocutory hearing.
A mediation is an alternative dispute resolution (ADR) method which can be cheaper and quicker than going to a final hearing.
VCAT tries to resolve disputes with mediation before a matter goes to a final hearing. Mediations can be listed for either 2 hours, half a day or a whole day. VCAT has published information about “alternative dispute resolution”. Read the VCAT practice note to find out more about ADR.
In a mediation, an impartial, specially trained mediator helps the parties discuss their issues and work out a solution. The mediator can either be a VCAT member or an accredited mediator appointed by VCAT. Mediations are confidential and the discussion cannot be raised later in VCAT hearings. If the Mediation is conducted by a Tribunal member, then that member cannot conduct future hearings in the proceeding.
To prepare for a mediation, you should think about how you will explain the issues in dispute. You will need to be able to explain what you are claiming, or what your response is to a claim.
Tip: It is a good idea to bring copies of any documents relating to the dispute to mediations.
More information about VCAT mediations is available on the VCAT website.
A compulsory conference is an alternative dispute resolution (ADR) method which can be cheaper and quicker than going to a final hearing.
VCAT tries to resolve disputes with compulsory conferences before a matter goes to a final hearing. Compulsory conferences can be listed for either 2 hours, half a day or a whole day. VCAT has published information about “alternative dispute resolution”. Read the VCAT practice note to find out more about ADR.
At VCAT, compulsory conferences are conducted with the help of a VCAT member. The VCAT member won’t make a decision about the dispute but will help both parties to agree on a fair resolution. Compulsory Conferences are confidential, and the discussion cannot be raised later in VCAT hearings. The VCAT member who conducts the compulsory conference cannot conduct future hearings in the proceeding.
If a matter settles at compulsory conference, the VCAT member can make orders which adjourns or disposes of the case as appropriate. If the matter doesn’t settle, the VCAT member can make directions to prepare the case for final hearing.
Position paper
VCAT may require you to prepare a “position paper” before a compulsory conference. A position paper sets out:
the background to the dispute, including relevant facts;
your position about the dispute;
your response to the other party’s position; and
how you think the dispute could be resolved.
Tip: It is a good idea to bring copies of any documents relating to the dispute to compulsory conferences.
Find more information about VCAT compulsory conference on the VCAT website.
At a final hearing, both parties present their case. VCAT is required to conduct the final hearing with as little formality and technicality as possible, but the hearing will still be relatively formal (just less formal than a Court hearing).
All parties must be given an opportunity to call witnesses, question the witnesses, and make submissions. VCAT’s preference in the Building and Property List is to have witnesses attend the hearing and give oral evidence on oath or affirmation. The applicant presents their case first, then the respondent presents their response to the claim.
If there are multiple respondents, then the respondents usually present their case in the order, they are listed on the VCAT application. The VCAT member will usually ask questions about the case.
It is very important to attend all VCAT hearings, including directions hearings.
If you cannot make the hearing date, you can request an adjournment. Try to get written consent of the other parties to the case to agree to adjourn the hearing. The process for seeking an adjournment is set out in the practice note (PNVCAT1) on the VCAT website.
Email is usually the best way to contact VCAT. Communications with VCAT should usually be in writing.
Make sure you copy all parties into any written communications you have with VCAT and cite your reference number. It usually takes VCAT a few days to read your email.
Mark your email “Urgent” in the subject line if you need VCAT to read your email within 48 hours.
This resource was last updated on 31 October 2024. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation. Please view our disclaimer for more information.