What to expect when going to the Building and Property List at VCAT

What is this resource?

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).

What should I do before commencing a VCAT proceeding?

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.

Who are the parties to a VCAT proceeding?

Everyone involved in a building dispute are referred to as ‘parties’ to VCAT proceedings. The parties include:

• Applicant: the person or party who started the VCAT proceeding.
• Respondent: the person or party who has proceedings brought against them.
• Joined party: any other party who should be included in proceedings because their interests are affected by the outcome (e.g. owners’ corporation, home warranty insurer, subcontractor).

Where is VCAT located? 

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

Do I need to attend in person?

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 should I bring to VCAT?

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

Where do I go at 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.

What should I do when I arrive at the hearing room?

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.

What formalities are expected at VCAT?

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.

Who can come with me to VCAT?

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.

What types of VCAT hearings are there?

How do I communicate with VCAT?

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.