Author Archives: Daniel Epstein

Beginners Guide to Building and Construction (Part Two)  

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  Building and Civil Application Process at VCAT: As with all VCAT Lists any Civil Division and Building and Property List proceeding no matter what amount will begin with an application form and can be completed online.     The application requires general details of the claim, who the parties are, a section for orders requested of the Tribunal, reasons for the application and under which Acts you make the claim. Proceedings in the Civil Claims Division are closer in … Continued

Beginners Guide to Building and Construction (Part One)

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General Overview: Building disputes are separated into Commercial Building and Domestic Building disputes. In most building cases part, if not all, of the claim and the defence will arise out of the contract between the parties. For it is in the contract that most of the obligations of the parties will be found. The Building and Property List at VCAT hears Domestic and Commercial Building disputes while the County Court has a Commercial Building List. Building law concerns contracts which … Continued

Beginners Guide to VCAT (Part Three)

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VCAT Legal Costs: VCAT was set up to be a no cost/low cost jurisdiction. Costs in VCAT are generally regulated by s.109 of the VCAT Act. Section 109(1) provides that, except as set out, each party is to bear its own costs in the proceeding but that VCAT has power to award costs at any time. VCAT also has power to make an award against a representative of the party rather than the parties themselves if it believes the representative … Continued

Beginners Guide to VCAT (Part One)

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VCAT: General Overview: The Victorian Civil and Administrative Tribunal (VCAT) was created by the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (the VCAT Act). VCAT was modelled on the Federal Administrative Appeals Tribunal; but is now bigger than that tribunal and is being examined as a model for other states. A ‘one-stop shop’ for the handling a range of disputes VCAT is the merger of 15 boards and tribunals; most notably the Administrative Appeals Tribunal, Small Claims Tribunal, Domestic … Continued

Beginners Guide to Briefing Barristers

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Direct Briefing: A barrister in Victoria is bound by the Victorian Bar Practice Rules to accept an engagement on behalf of a client usually only through the client’s lawyer (Legal Profession Uniform Law Application Act 2014). In some circumstances a barrister may accept instructions from a client or approved professional organisation directly (without also needing to engage an instructing solicitor), in accordance with the Direct Access Rules in Part VI of the Practice Rules. A barrister shall not commence any … Continued

The Conservo Story; My Road to the Victorian Bar.

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  I operated Conservo from 2005-2009; a sustainability consulting company. After working in IT in San Francisco in the late 1990s and into the early 2000s I returned to complete a law degree and start Conservo. I loved working in IT and in California however I found IT ultimately did not meet my hopes of a career nor feed my environmental interests and passion. I wanted to spend my time making an environmental difference as I had in my mid … Continued