In the recent case of Grech v Biltar Pty Ltd [2025] VSC 636, an owner made an application to the Supreme Court for an order for specific performance against the builder to rectify the defective works. This is notwithstanding the fact that in building dispute cases, orders for specific performance against a builder are rare and an exception.
Read MoreVCAT has exclusive jurisdiction to hear and determine domestic building disputes between a builder and an owner or a builder and a subcontractor in the state of Victoria. However, the exclusive jurisdiction of VCAT has recently been questioned in light of the significant delays parties are experiencing at VCAT.
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