Owners Corporation Disputes in Victoria: A Reconfigured Jurisdiction
Over the past year, a series of Magistrates’ Court decisions has upended common practice in owners corporation levy recovery. These rulings confirm that such disputes must now be brought exclusively in VCAT, reshaping the jurisdictional landscape in Victoria. Background Over the past twelve months, a sequence of significant decisions[1] rendered by the Magistrates’ […]
Thurin v Krongold 2024 has extended limitation periods
Thurin v Krongold Constructions (Aust) Pty Ltd [2024] VSC 42 Background In the recent case of Thurin v Krongold Constructions (Aust) Pty Ltd [2024] VSC 42 (Thurin v Krongold), the Victorian Supreme Court has clarified the court’s authority to extend a limitation period in a VCAT proceeding that has been referred. In this […]
Plunkett v Portier Pacific: Advancing the Justice System
Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (5 March 2024) VCAT has seen big developments recently, with significant cases affecting its jurisdiction and capacity to determine disputes. In the last month, the decision of Plunkett v Portier Pacific [2024] VCAT 205 (“Plunkett”) was made, having major impacts on s77 of […]
Justice Legislation Amendment Bill 2023 – VCAT, federal jurisdiction, and more
What is the Justice Legislation Amendment Bill 2023? The Justice Legislation Amendment Bill 2023 was introduced into the Victorian Parliament in August 2023, and has just recently passed both houses. The Bill was enacted with the purpose of effecting significant amendments across various facets of the Victorian legal system, and clarifying procedural and jurisdictional […]
Vaughan Constructions Pty Ltd v Melbourne Water Corporation: Is VCAT a court under the Wrongs Act 1958 (Vic) Part IV?
Case citation: Vaughan Constructions Pty Ltd v Melbourne Water Corporation [2022] VCAT 633 Case Note Facts On 19 October 2018, Biodiversity entered into a contract with Vaughan for the construction of a building on land in Epping owned by KV Cooper Pty Ltd and Drakon Investments Pty Ltd. On the same day, Biodiversity entered into […]
Reforming VCAT: Addressing Delays in Building Dispute Resolutions
Reforming VCAT: Addressing Delays in Building Dispute Resolutions Did you know that the median time to resolve a building dispute in Victoria now stands at an alarming three years? This is one of the many challenges currently facing the Victorian Civil and Administrative Tribunal (VCAT), Victoria’s principal forum for resolving domestic construction disputes. The complexity […]
Outside VCAT’s jurisdiction
VCAT was established to provide fair, efficient and affordable justice to the Victorian community. Recent decisions such as Thurin v Krongold Constructions 120221 VSCA 226 Thurin) and Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) 120231 VCAT 233 (Vaughan) have raised concerns about VCAT’s future viability as an effective forum for dispute […]
Building Industry Changes
The shake-up of Victoria’s building industry continues The latest tranche of changes to the Victorian building industry came into effect on 26 April 2017. The changes mainly relate to the dispute resolution process and significantly widen the avenues of relief available to owners, builders, sub-contractors, architects and other players in the industry. The changes, in […]