Plaintiff v First Defendant

[3] Draper v Building Practitioners Board (Review and Regulation) [2018] VCAT 1524.

[4] Draper v Victorian Building Authority (Review and Regulation) [2019] VCAT 1837.

[5] Victoria, Government Gazette: Special, No. S261, 23 August 2016.

[6] Building Act 1993 (Vic) s 194.

[7] Building Act 1993 (Vic) s 183, as at 4 July 2016.

[8] Building Act 1993 (Vic) s 197.

[9] Building Act 1993 (Vic) s 197(ab).

[10] Building Act 1993 (Vic) s 197 (ac).

[11] Building Act 1993 (Vic) s 197 (ad).

[12] Building Act 1993 (Vic) s 197 (ae).

[13] Building Act 1993 (Vic) s 183 (particularly s183(2)(a) to (ca) inclusive), as at 4 July 2016.

[14] The application for review was made pursuant to section 182A of the Building Act 1993 (Vic), as it was prior to 1 September 2016.

[15] Draper v Building Practitioners Board (No 2) [2017] VCAT 1402.

[16] The Board's published decision incorrectly shows 2015, but the reasons for the VCAT decision correctly show 2016.

[17] Draper v Building Practitioners Board (No 2) [2017] VCAT 1402 at [117] to [123]

[18] Draper v Building Practitioners Board (No 2) [2017] VCAT 1402 at [123].

[19] Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196 per Ginnane J. At the time of the relevant VCAT decision, there was an appeal from that decision. On 28 September 2017, the appeal was dismissed (see Ross v Building Practitioners Board & Victorian Building Authority [2017] VSCA 274).

[20] Draper v Building Practitioners Board (No 2) [2017] VCAT 1402 at [122].

[21] Ginnane J in Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196 at [52]. See also observations in Ross v Building Practitioners Board & Victorian Building Authority [2017] VSCA 274 at [25], including reference to paragraph 52 of the trial decision of Ginnane J.

[22] Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196; Ross v Building Practitioners Board & Victorian Building Authority [2017] VSCA 274.

[23] Mr Draper accepts this as correct. See paragraphs 20 and 32 of the affidavit of Shannon Draper dated 13 August 2020 (unsworn due to COVID-19), filed in this proceeding, indicating that the inquiry was commenced before 1 September 2016.

[24] See Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196 at [52]; Ross v Building Practitioners Board & Victorian Building Authority [2017] VSCA 274 at [25].

[25] The relevant decision of VCAT is Draper v Victorian Building Authority (Review and Regulation) [2019] VCAT 1837, and is exhibit "SD-1" to the affidavit of Shannon Draper dated 13 August 2020 (unsworn due to COVID-19) and filed in the Supreme Court proceeding.

[26] Affidavit of Shannon Draper dated 13 August 2020 (unsworn due to COVID-19), paragraphs 21 to 24.

[27] Affidavit of Shannon Draper dated 13 August 2020 (unsworn due to COVID-19), para 20.

[28] Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148(2).

[29] Order 4 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 (Vic) concerns appeals from tribunals and by rule 4.01, expressly apply to section 148 Appeals from VCAT.

[30] A similar provision exists in the case of a decision under section 180 of the old provisions of the Building Act, prior to the Amending Act coming in to force.

[31] Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196 at [52].

[32] Affidavit of Shannon Draper dated 10 September 2020 (unsworn), provided by email to Chambers, paragraph 5.

[33] Affidavit of Shannon Draper dated 10 September 2020 (unsworn), provided by email to Chambers, paragraph 6, items A to H and with reference to exhibits "SD-7" to "SD-9".

[34] Exhibits to the Affidavit of Shannon Draper dated 10 September 2020 (unsworn), provided by email to Chambers, pages 166 to 171 (out of 308 pages).

[35] [2019] VCAT 1645.

[36] Stanbury v Victorian Building Authority [2019] VCAT 1645 at [4].

[37] Stanbury v Victorian Building Authority [2019] VCAT 1645 at [1].

[38] Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196 per Ginnane J; Ross v Building Practitioners Board & Victorian Building Authority [2017] VSCA 274.

[39] Ross v Building Practitioners Board & Victorian Building Authority [2017] VSC 196 at [12] per Ginnane J.

[40] Exhibit "SD-11" to the affidavit of Shannon Draper dated 10 September 2020 (unsworn), provided by to Chambers for use on the hearing before me. Exhibit "SD-11" is a copy of submissions apparently made by the VBA in proceedings before VCAT in April 2018.

[41] The decision of VCAT in King v Victorian Building Authority [2019] VCAT 353, is a review of the decision of the Board dated 1 November 2017 on an inquiry arising from a notice given on 30 August 2016 - prior to the amendments to the Building Act of 1 September 2016.

[42] [2018] VSC 549 per Champion J.

[43] Khan v Victorian Civil and Administrative Tribunal [2018] VSCA 351.

[44] The history is set out by Champion J in Khan v Victorian Civil and Administrative Tribunal [2018] VSC 549 at [20] - [24].