12DCosts on review of decision to issue dispute resolution order

12D Costs on review of decision to issue dispute resolution order

(1) This clause applies despite section 109.

(2) This clause applies to an application to the Tribunal for review of a decision to issue a dispute resolution order.

(3) If the applicant is the builder, the Tribunal may award costs against the builder if the determination of the Tribunal is—

(a) to affirm the decision to issue the dispute resolution order; or

(b) to vary the dispute resolution order to increase the obligations on the builder or decrease the obligations on the building owner.

(4) If the applicant is the building owner, the Tribunal may award costs against the building owner if the determination of the Tribunal is—

(a) to affirm the decision to issue the dispute resolution order, including a dispute resolution order that includes a finding referred to in section 49D(1) of the Domestic Building Contracts Act 1995; or

(b) to vary the dispute resolution order to increase the obligations on the building owner or to decrease the obligations on the builder.

(5) In determining whether to award costs under this clause, the Tribunal must consider—

(a) whether the application was vexatious, frivolous or lacking in substance; and

(b) any certificate of conciliation relating to the domestic building work dispute to which the dispute resolution order relates; and

(c) any other matter the Tribunal considers relevant.

Sch. 1 Pt 7 (Heading and cls 13–28) amended by Nos 51/2000 s. 27, 43/2006 s. 47(Sch. items 8.2–8.6), 14/2009 s. 18, substituted as Sch. 1 Pt 7 (Heading and cls 13–23) by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)).

Part 7—Equal Opportunity Act 2010

Sch. 1 cl. 13 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)).

13 Meaning of Commission

Commission means the Victorian Equal Opportunity and Human Rights Commission.

Sch. 1 cl. 14 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)).

14 Unincorporated associations can be parties

(1) Section 61(1) does not apply to a proceeding under the Equal Opportunity Act 2010.

Section 187 of the Equal Opportunity Act 2010 contains provisions for unincorporated associations in proceedings under that Act.

(2) An unincorporated association that is a party to a proceeding under the   has the same right to representation in the proceeding as a body corporate.