VCAT to be Utilised Less Frequently for Complex and High Value Domestic Building Disputes

The decision in early March 2024 of Justice Woodward in Plunkett v Portier Pacific [2024] VCAT 205 (Plunkett) has far-reaching implications for VCAT’s jurisdiction in relation to domestic building disputes.

Does the Limitation of Actions Act Apply to Claims Under the Water Act?

If you have encountered water flow onto your property causing damage, injury or economic loss, then you may be considering pursuing a claim in the Victorian Civil and Administrative Tribunal (VCAT). However, it is unclear currently whether there are time limitations on raising a claim.

Katie Gold15 April 2024water flow, claim, urban lawyers, chris moshidis, damage, steedman, limitation act

New Penalties for Builders Who Fail to Obtain Domestic Builder Insurance

The passing of the Building Legislation Amendment (Domestic Building Insurance New Offences) Act 2024 (Vic) (the Amendment) has introduced new penalties for Builders who fail to obtain Domestic Builder Insurance (DBI), hence, strengthening consumer protection in the construction industry. The changes are relevant for any Builder engaged in a major domestic building contract.

Katie Gold26 March 2024penalty, domestic builder insurance, fines, 16, 16000, chris moshidis, victoria, dbi, homeowner

Proposed Reform of the Security of Payment Act

All Australian states and territories introduced legislative security payment legislation to address poor payment practices in the construction sector. Victorian security of payment law is established by the Building and Construction Industry Security of Payment Act 2002 (Act).

VCAT Rejects Builder’s Apportionment Of Liability Defence

Property owners will typically commence legal proceedings against a builder in the event of defective works for a breach of the warranties implied into each domestic building contract. In response to this, a builder may seek to apportion fault to other construction professionals involved in the project such as the building surveyor to reduce its liability to the owners.

Lacrosse Fire Appeal Decision - Implications For Consultants

On 24 November 2014, a resident, who lived in the 21 storey Lacrosse Apartments in Docklands, left his cigarette burning in a plastic food container on the balcony. Fire quickly travelled up the external walls of the apartment building and everyone within the apartment building was evacuated. The fire resulted more than $12million dollars of damage.

Domestic Building Disputes In Victoria Can Now Be Resolved Through A Faster And More Cost-Effective Process

Earlier this year an independent government agency called Domestic Building Dispute Resolution Victoria (DBDRV) was set up to help parties resolve domestic building disputes.

Contractor's Rights - Get Paid With The Security Of Payment Act (SoP Act VIC)

Contractors often experience significant delays in receiving payment during the course of a construction project or do not receive payment at all.

Blog