Part 5VCAT jurisdiction

Part 5—VCAT jurisdiction

Pt 5 Div. 1 (Heading and ss 51, 52) repealed by No. 52/1998
s. 38(1)(b).

Pt 5 Div. 2 (Heading) substituted by No. 15/2016 s. 10(11).

Division 2—Proceedings before VCAT

Subdivision 1—Domestic building disputes

53 Settlement of building disputes

S. 53(1) amended by No. 15/2016 s. 10(2).

(1) VCAT may make any order it considers fair to resolve a domestic building dispute.

S. 53(2) amended by No. 15/2016 s. 10(1).

(2) Without limiting this power, VCAT may do one or more of the following—

S. 53(2)(a) amended by No. 15/2016 s. 10(1).

(a) refer a dispute to a mediator appointed by VCAT;

(b) order the payment of a sum of money—

(i) found to be owing by one party to another party;

(ii) by way of damages (including exemplary damages and damages in the nature of interest);

(iii) by way of restitution;

S. 53(2)(ba) inserted by No. 101/1998 s. 6.

(ba) order the payment of a sum of money representing a part payment under a major domestic building contract if—

(i) the requirement in paragraph (b) of section 42 has been met but the requirement in paragraph (a) of that section has not; and

S. 53(2)(ba)(ii) amended by No. 15/2016 s. 10(1).

(ii) VCAT is satisfied that the work required to complete the contract (including rectifying any defects) is minor in nature and not such as would prevent the owner from occupation and quiet enjoyment of the building;

S. 53(2)(bb) inserted by No. 101/1998 s. 6.

(bb) order payment of a sum of money representing the amount of any money in dispute (including an amount on account of costs) to be paid into the Domestic Builders Fund pending the resolution of the dispute;

S. 53(2)(bc) inserted by No. 101/1998 s. 6.

(bc) order payment of a sum of money to be paid out of the Domestic Builders Fund representing the amount of any sum paid into the Domestic Builders Fund in accordance with an order under paragraph (bb);

(c) vary any term of a domestic building contract (including the completion date, the contract price, a provisional sum or the amount to be paid for any prime cost item);

(d) declare that a term of a domestic building contract is, or is not, void under section 132;

(e) declare void any unjust term of a domestic building contract, or otherwise vary a domestic building contract to avoid injustice;

(f) order the refund of any money paid under a domestic building contract or under a void domestic building contract;