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Domestic Building Contracts Act 1995
59VCAT may hear dispute regardless of related criminal proceedings
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59 VCAT may hear dispute regardless of related criminal proceedings
If a domestic building dispute involves the failure, or the alleged failure, of a builder to comply with this Act or any other Act (or any regulations made under this Act or any other Act), VCAT may make an order to resolve the dispute even though the builder—
(a) has not been charged with the offence; or
(b) has been charged with the offence, but has not had the charge heard; or
(c) has had the charge heard, but was not convicted of committing the offence; or
(d) has had the charge heard and was convicted of committing the offence; or
(e) has been sentenced in relation to the offence; or
(f) is the subject of pending disciplinary action; or
(g) may be, or has been, subject to disciplinary action.
Pt 5 Div. 2 Subdiv. 2 (Heading) substituted by No. 52/1998 s. 38(3).
Subdivision 2—Disputes involving insurance claims and insurers' decisions
S. 59A inserted by No. 52/1998 s. 39.