Victorian Civil and Administrative Tribunal|2025-06-11

For the reasons set out above, I am satisfied that the Tribunal does not have jurisdiction to hear the OC's proposed claim against Lloyds. The OC's claim is not open and arguable. It is hopeless and bound to fail. It follows that the joinder application must fail.
Accordingly, I will dismiss the first respondent's application to join Lloyds as a party to this proceeding.
I will make orders to that effect.

[2] OC's written submissions dated 28 February 2025 at [16].

[4] [2004] VSC 272 per Hollingworth J.

[5] As the Policy is not "required insurance under the Building Act", it does not fall within the exception under s 9 of the ICA.

[6] Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226.

Building Contracts Act 1995

Civil and Administrative Tribunal Act 1998

Roche v Owners Corporation 1 PS747688Q (Building and Property) [2025] VCAT 518 (11 June 2025)

BUILDING: Application by first respondent owners corporation to join second respondent builder's insurer as a party to the proceeding for the purpose of obtaining a declaration under s 59A of the Domestic Building Contracts Act 1995 that the insurer is liable to indemnify the second respondent builder with respect to any amount the builder is found liable for in this proceeding; whether the Tribunal lacks jurisdiction to determine the dispute; ss 59A and 60 of the Domestic Building Contracts Act 1995; s 60 of the Victorian Civil and Administrative Tribunal Act 1998; Owners Corporation 1 Plan no PS 63800 v Equiset Construction Pty Ltd Melbourne [2019] VCAT 671; Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226; CGU Insurance Limited v Blakeley and ors [2016] HCA 2; Vero Insurance Ltd v Witherow [2004] VSC 272.

"In my opinion this section does not assist in the present case. Firstly, it is a provision which grants VCAT jurisdiction, but is not itself an avenue for or of review. [Her Honour footnoted a comment to that effect made by Deputy President Cremean in Clifton Properties Corporation Pty Ltd v Litewaite Constructions Pty Ltd [1999] VCAT 49]. Secondly, even if relief under section 59A had been sought by the application (which it had not), for the reasons given above, this dispute does not concern "an insurance claim...or an insurer's decision on such a claim."

Roche v Owners Corporation 1 PS747688Q

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Roche v Owners Corporation 1 PS747688Q (Building and Property) [2025] VCAT 518 (11 June 2025)