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Parties involved in our dispute resolution process have the right to apply to Victorian Civil and Administrative Tribunal (VCAT) for review of certain actions or decisions:

  1. If a party is notified that their dispute is 'not suitable for conciliation' or did not resolve at conciliation, but they do not receive a certificate of conciliation, this can be reviewed in VCAT.
  2. A party who is required to comply with a dispute resolution order may seek review of the order (or any amendment to the order) in VCAT if:
    • the description of the defective or incomplete building work is not accurate
    • the due date for carrying out the stipulated building work is not reasonable
    • any requirement to take specific action (or refrain from taking action) is not reasonable.
    A party who applies to VCAT for a review of a dispute resolution order and is unsuccessful may have costs awarded against them.
  3. If a builder is issued with a breach of dispute resolution order notice, they can apply to VCAT for a review, on the basis that:
    • the building assessment on which the notice was based was not correct, or
    • the dispute resolution order has now been complied with.
  4. Where money has been paid into the Domestic Building Dispute Resolution Victoria Trust Fund under a dispute resolution order, a party can apply to VCAT for a review of a decision to pay that money out of the Trust Fund.

For more information on applying to VCAT, visit the Building and Construction page on the VCAT website.

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