Civil Law

What is the difference between defective and incomplete works?

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What is the difference between defective and incomplete works? How to work out whether works are defective or incomplete?   Introduction: Often at the completion of building works there are defective or incomplete works which need to be remedied or completed. If it is Domestic building work then it refers to work associated with the construction, renovation, improvement or maintenance of a home (see sections 5 and 6 of the Domestic Building Contracts Act 1995). A builder is a person … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part Four):

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VCAT Building List case update especially significant cases up until January 2019:   Owners Corporation No.1 of PS613436T, Owners Corporation No. 2 of PS613436T, Owners Corporation No. 4 PS613436T & Ors v Lu Simon Builders P/L, Stasi Galanaos, Gardner Group & Ors [2019] VCAT Reference No. BP 350/2016. In 2014 a fire raced up 13 storeys of a Melbourne apartment building in part because the outside wall was not clad in fire-resistant sheeting. The fire, started by a cigarette on … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part Three):

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Background to the Building Interim Regulations 2017 and finalisation of the Building Regulations 2018: TheBuilding Interim Regulations 2017 (Interim Regulations) came into operation on 4 June 2017, replacing the Building Regulations 2006and ultimately were replaced by the Building Regulations 2018. The Interim Regulations were substantially the same as the 2006 regulations, with minor amendments to update references to standards, planning schemes and other minor changes. The Interim Regulations have been necessary because the 2006 regulations will lapse and the process for development of new … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part One):

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Current state of play One Year On from the introduction of legislation and the changes in Building Law:   Building Legislation Amendment (Consumer Protection) Act 2016; Building Amendment (Enforcement and Other Measures) Act 2017; Building Interim Regulations 2017and finalisation of the Building Regulations 2018; Background Building Legislation Amendment (Consumer Protection) Act 2016 (Vic): In 2016 the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) was passed. This legislation introduces a number of changes to the regulation of building work in Victoria and aims to enhance consumer … Continued

Beginners Guide to Owners Corporation:

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An owners corporation (formerly body corporate) manages the common property of a residential, commercial, retail, industrial or mixed-use property development. Common property is whatever it is stated to be on the plan of subdivision and may include gardens, passages, walls, stairwells, pathways, driveways, lifts, foyers and fences. An owners corporation must: Manage and administer the common property; Repair and maintain the common property, fixtures and services; Take out and maintain required insurance; Raise fees from the lot owners to meet … Continued

Beginners Guide to Residential Tenancy Disputes

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The Residential Tenancies List is VCAT’s busiest List, accounting for about 60 per cent of VCAT’s total caseload. Over 60,000 applications made to this List annually. It is a high-volume, fast throughput list where matters are often finalised within four weeks of the original application even earlier for matters such as urgent repairs, which can be resolved within days. Parties attending a Residential Tenancies hearing generally receive their decision on the same day as the hearing. The List handles disputes … Continued

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 Civil and Consumer Law

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The Civil Claims List handles consumer and trader disputes, as well as goods or services disputes. These can involve goods and services that are valued from less than $500 to over $1 million. This list is under the umbrella of the Civil Division at VCAT and hears proceedings that have been brought under the Australian Consumer Law (Consumer Law). These proceedings are closer in nature to a court-based contractual or commercial case than other proceedings in VCAT. The Civil Claims … Continued