Victorian Numbered Acts Victorian Numbered ActsAfter Subdivision 2 of Division 2 of Part 5 of the Domestic Building Contracts Act 1995 insert —
(1) A person who is required to comply with a dispute resolution order may apply to VCAT for review of the decision to issue or amend the dispute resolution order.
(2) An application under subsection (1) must be made within 20 business days after the later of—
(a) the day on which the applicant was given a copy of the dispute resolution order or the amendment to the dispute resolution order (as the case requires); or
(b) if under the Victorian Civil and Administrative Tribunal Act 1998 the applicant requests a statement of reasons, the day on which the applicant receives that statement of reasons or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.
(3) An application under subsection (1) must be made on the ground that—
(a) the description in the dispute resolution order of the domestic building work that is defective or incomplete is incorrect; or
(b) the period specified in the dispute resolution order for carrying out the rectification or completion work is not reasonable; or
(c) a requirement in the dispute resolution order to take a specific action or to refrain from taking action is not necessary or is not reasonable.
(4) In determining an application for review of a dispute resolution order, VCAT may also make any order it considers fair in relation to the domestic building contract to which the dispute relates.
(5) Without limiting subsection (4), VCAT may do one or more of the following—
(a) vary any term of the domestic building contract (including the completion date, the contract price, a provisional sum or the amount to be paid for a prime cost item);
(b) declare that a term of the domestic building contract is, or is not, void under section 132;
(c) declare void any unjust term of the domestic building contract, or otherwise vary the domestic building contract to avoid injustice.
If, with the leave of VCAT, a party withdraws an application made under section 63 for review of a dispute resolution order, the dispute resolution order takes effect and for that purpose any period for which the order is stayed is not to be counted in calculating the period for compliance with the order.
(1) A party to a domestic building work dispute may apply to VCAT for review of a decision by the Director under section 49G to pay money out of the Domestic Building Dispute Resolution Victoria Trust Fund.
(2) An application under subsection (1) must be made within 10 business days after the party received written notice of the Director's decision under section 49G.
(1) A builder may apply to VCAT for review of a decision of the chief dispute resolution officer to issue a breach of dispute resolution order notice under Part 4.
(2) An application under subsection (1) must be made within 20 business days after the later of—
(a) the day on which the applicant was served with a copy of the notice; or
(b) if under the Victorian Civil and Administrative Tribunal Act 1998 the applicant requests a statement of reasons, the day on which the applicant receives that statement of reasons or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.
(3) An application under subsection (1) must be made on the ground that the assessment made in the assessor's report on which the notice was based that the dispute resolution order has not been complied with—
(a) was not correct; or
(b) is no longer correct because the dispute resolution order has since been complied with.
(4) In addition to the parties, the building owner may make submissions to the proceedings on the application for review in relation to—
(a) whether there has been a failure to comply with the dispute resolution order; and
(b) the nature of the failure to comply with the dispute resolution order.
(5) If an application for review is made under this section, any disciplinary action against the builder under the Building Act 1993 as a result of the failure to comply with the dispute resolution order is stayed pending the outcome of the review.
(1) This section applies if a building owner ends a domestic building contract in accordance with Division 6 of Part 4.
(2) The building owner may apply to VCAT for an order against the builder.
(3) VCAT—
(a) must consider—
(i) the domestic building contract, including any plans and specifications set out in it; and
(ii) any assessor's report provided to the chief dispute resolution officer under Division 6 of Part 4 in relation to the work to which the contract applies; and
(b) may make any order it considers fair in the circumstances.
(4) Without limiting subsection (3)(b), VCAT may order the builder to pay a sum of money to the building owner in one or more of the following circumstances—
(a) if the money is found to be owing to the building owner by the builder;
(b) by way of damages;
(c) by way of restitution;
(d) to refund money paid under the domestic building contract, including any money paid by the building owner in excess of the requirements of the contract.
(5) An order under this section must provide for a builder to receive a reasonable price for work carried out under the domestic building contract, not being more than the builder would be entitled to recover under the contract.
(1) This section applies if a builder ends a domestic building contract in accordance with Division 6 of Part 4.
(2) The builder may apply to VCAT for an order against the building owner.
(3) VCAT may make any order it considers fair in the circumstances.
(4) Without limiting subsection (3), VCAT may order the building owner to pay a sum of money to the builder—
(a) for work performed under the contract; and
(b) by way of damages for loss of work as a result of the ending of the contract.".