When does a building dispute go to VCAT?
Last updated 31 October 2024
Last updated 31 October 2024
This resource provides information about when a building dispute might go to the Victorian Civil and Administrative Tribunal (VCAT).
Generally, most disputes must first be taken to Domestic Building Dispute Resolution Victoria (DBDRV), but you may be able to take your dispute to VCAT if you:
have been through the Domestic Building Dispute Resolution Victoria (DBDRV) process;
fit within one of the exceptions to the requirement that a matter must first go through the DBDRV process; or
are responding to VCAT proceedings brought against them by their builder.
Before going to VCAT, you and your builder must first try to resolve your dispute at Domestic Building Dispute Resolution Victoria (DBDRV). DBDRV is a free conciliation service supported by expert building assessors.
If your dispute fails to resolve at DBDRV, you will be issued a Certificate of Conciliation. You must attach your DBDRV Certificate of Conciliation to your VCAT application.
However, you can go straight to VCAT if your dispute falls within an exception. Bypass DBDRV if:
Your dispute is with a single tradesperson; or
You’re seeking an injunction from VCAT.
As a homeowner, you can also go to VCAT to seek review of particular DBDRV decisions, called reviewable decisions.
This is not the same process as taking your domestic building dispute claim at VCAT. You will not need a Certificate of Conciliation to ask VCAT to review a reviewable decision.
Decisions to issue or amend a dispute resolution order.
Decisions to issue a notice of breach of dispute resolution order.
Decisions to pay money out of the DBDRV Trust Fund.
DBDRV failed to issue a Certificate of Conciliation within the statutory required period of time.
If you want VCAT to review a decision by DBDRV, you must do so within time periods specified in the Domestic Building Contracts Act 1995 (Vic).
Get legal advice to understand time periods. You can apply to the Domestic Building Legal Service and if you’re eligible, get a once-off one hour appointment with a lawyer.
Alternatively, create an account and ask a question online through Justice Connect Answers.
VCAT review proceedings must relate only to decisions made by DBDRV. VCAT will not hear claims in your building dispute.
As a homeowner, you may go to VCAT if your builder asks VCAT to hear a dispute against you. You will be the respondent when the building dispute is against you.
As the respondent, VCAT will notify you that a case has been opened by sending you a copy of the applicant’s application.
Read the documents you receive from VCAT carefully. The correspondence from VCAT will explain next steps for you to take.
Sometimes, you will be required to send VCAT a response within a timeframe. This will be clearly stated in VCAT’s notice to you. You should file your response within the stated timeframe.
Get legal advice to understand documents from VCAT.
If you are the respondent, you may have to provide a response to VCAT. A response may also be called a defence or Points of Defence. A response tells VCAT whether you agree or disagree with the Applicant and what they said in their application.
Sometimes, you may also be required to provide witness statements or other supporting documents to support your defence.
If you are the respondent and you believe you have a claim against the builder (the applicant), you can lodge your own claim with VCAT. This is called a counterclaim.
Counterclaim
A counterclaim is different from your defence to the builder’s claim. A counterclaim is your own separate application where you make a claim against the other party. Use the reference number of the application against you so both claims can be heard together.
Defending the dispute
If you don’t want to counterclaim but simply defend the builder’s claim against you, respond to their claim.
Depending on the amount claimed, VCAT may list your matter for a directions hearing, a mediation, a compulsory conference, or a final hearing.
Find more information about alternative dispute resolution in our ‘Mediation and Compulsory Conferences at VCAT‘ resource.
Find more information about preparing for and attending hearings in our ‘Preparing for a final hearing in your building dispute at VCAT‘ resource.
If your matter doesn’t resolve before reaching the final hearing, VCAT will make a decision. VCAT’s decision is called an order. An order is a formal record of how the dispute is going to be resolved. VCAT’s instructions are legally binding. VCAT will give you the order on the day or send it to you after the hearing.
VCAT can make two kinds of orders:
Monetary order: one party must pay another party money.
Non-monetary order: one party must do or not do something. For example, complete construction that has already commenced.
You and your builder must follow VCAT’s instructions. If you or your builder do not follow the order made by VCAT, it is up to you to enforce the order. To enforce the order, you must go through the courts.
If you want to appeal a VCAT decision, you must apply to the Supreme Court of Victoria within 28 days of the decision being made.
Appeals of VCAT decisions are limited to questions of law. This has a technical legal meaning.
Please seek legal advice before commencing legal action at the Supreme Court of Victoria.
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.