What do you want to do ?
Before you apply – Building and construction disputes
Domestic or commercial building disputes between a property owner, builder, sub-contractor, architect, engineer or other building practitioner – or any combination of these.
Disputes between a property owner and a warranty insurer.
Find out if you're in the right place
What we can help with
- Disputes about domestic building work
- Review a decision made by a warranty insurer
- Review a decision made by Domestic Building Dispute Resolution Victoria (DBDRV)
- Review a decision made by Victorian Building Authority (VBA)
- Exemption from the requirement for an owner-builder selling a home to have warranty insurance
- Disputes about commercial building work
What VBA decisions can VCAT review?
We can only review decisions that involve:
- Cancelling a VBA plumbing rectification notice
- Cancelling a VBA plumbing order
- A VBA decision to appoint a manager for a private building surveyor’s business, or the conditions of that appointment
- A VBA decision to refuse to issue a building permit number
- A VBA decision about the assessment or reassessment of a building permit levy
What’s owner-builder warranty insurance?
A owner-builder can apply for an exemption from the requirement to provide warranty insurance when selling the home.
What we can't help with
- Domestic building work disputes that involve a home owner and are about domestic building work or a domestic building contract if they haven’t been to Domestic Building Dispute Resolution Victoria (DBDRV) unless you are applying for an injunction
- Some cases where one party lives in another state or is a Commonwealth government organisation
- Cases heard under federal law instead of Victorian law.
Can’t see what you’re looking for?
- Decisions about planning permits – see planning disputes.
- Disputes about renting a home – see residential tenancy disputes.
Get help and advice before you apply
We can help you understand how to apply. We cannot give you legal advice or tell you what to write in your application. These organisations may be able to help you.
Help and support
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How can I get help with my application?
We can help you understand what the form is asking. If you need to help to fill in the VCAT application form, talk to us.
- Call us on 1300 018 228, Monday - Friday 9am - 4.30pm. For guardianship cases call us 9am - 5pm.
- If you’re overseas, call us on +61 3 8685 1462.
- If you need to speak to someone in your own language you can ask for an interpreter. Call 2M Language Services on (03) 7036 7578.
We can:
- ask you questions about what you want
- explain what the questions mean
- explain what documents you need
- explain the process.
We can’t give you legal advice. This means we can’t:
- tell you what to write
- give you advice on how to present your case
- give you advice on how to win the case.
If you do choose to get legal advice, you’ll need to pay their fees (if any).
If you want to talk about what you should do, you can access free or low-cost legal advice or find a private lawyer.
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How can I stop something or get someone to do something urgently?
Sometimes we order someone to do or stop doing something temporarily.
This is called an interim injunction. Applying for an interim injunction is serious. You must explain to us why the situation is urgent, for example it will cause major damage.
If you think you need an interim injunction, make sure you’re able to show some important reasons for your application. Include these reasons when you apply, or be ready to explain them at the urgent hearing.
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How do I get an ASIC extract?
If you are making a claim against a business or company you need to provide an ASIC extract with your application. It confirms you’re taking legal action against the right person and the address is correct. We can't progress your application without it.
ASIC Current Company Extract
You must buy this document if your dispute is with a company. It confirms you're taking legal action against the right company and that the registered address is correct. To do this:
- Watch the video: How to download an ASIC Current Company Extract.
- Search the ASIC Registers.
- Buy the Current Company Extract document for $10.
- If the company is trading under a business name in your dispute, you must also get a Business Names Extract from the ASIC Registers.
- Don't get the free Summary PDF. It doesn't have the information you need.
If you need help, call ASIC on 1300 300 630.
ASIC Business Names Extract
You must buy this document if your dispute is with a business. It confirms you're taking legal action against the right business holder and that the business address is correct. To do this:
- Watch the video: How to download an ASIC Business Names Extract.
- Search the ASIC Registers.
- Buy the Business Names Extract document for $10.
- Look at the holder of the business name. If it's a company, go back and change the respondent to 'Company'.
- Don't get the free Summary PDF. It doesn't have the information you need.
If you need help, call ASIC on 1300 300 630.
Incorporated Association Extract
You must buy this document if your dispute is with an incorporated association. It confirms the incorporated association is registered and your application is sent to the correct contact person and registered address.
Buy and download the Extract from the Consumer Affairs website.
For help watch the video or call Consumer Affairs Victoria on 1300 55 81 81.
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What are the different fee categories?
VCAT’s fees are set by the Victorian Government.
We charge fees at VCAT in three categories:
- standard
- corporate
- concession (Health Care Card).
When you automatically pay no fees
You don’t have to pay fees if you are:
- represented by Victoria Legal Aid or a community legal centre
- under 18 years of age
- in a prison or other public institution
- a protected person or affected family member in a residential tenancies case.
Who pays the ‘standard’ fee rate?
People and businesses who pay the standard rate include:
- individuals
- sole trader businesses
- businesses set up as a partnership
- businesses with a turnover of less than $200,000 in the last financial year
- not-for-profit organisations.
If your company wants to apply as a standard fee payer, you need to provide a statutory declaration with your application that proves your turnover is less than $200,000.
Who pays the ‘corporate’ rate?
Businesses with a turnover of more than $200,000 in the last full financial year pay the corporate fee rate.
For example, if you apply in April 2021, use the turnover from the 2019/2020 financial year.
Schools and government organisations are part of this fee category.
Who pays the ‘concession’ rate?
VCAT fees are lower if you have a Health Care Card issued by the Federal Government. This is the only card we accept for concession fees.
If you have another type of concession card, you don’t get a concession rate, but you may be eligible for fee relief. This means your fees could be waived, reduced or postponed.
Learn more about concessions and fee relief
If you don’t fit the standard fee payer or a concession fee payer categories, you are automatically categorised as a corporate fee payer (for example, a school or a government department or agency.)
When you make an application tell us what type of fee payer you are and provide proof of your status.
The fee payer level applies to any fees payable throughout your case. You must apply separately for each case you want to bring to VCAT.
If your financial circumstances or applicant type changes, your fees may change too.
Your fee payer type may change if:
- your financial circumstances change. For example, if you get a Health Care Card.
- you change your application to apply as a different person. For example, if you want to apply under your business name and not as an individual.
Tell us in writing about these changes. Make sure you include a copy of any relevant documents to prove this.
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Should I get a lawyer?
VCAT cannot give legal advice. If you do choose to get legal advice, you will need to pay any costs.
If you want to talk about what you should do, you can access free or low-cost legal advice or find a private lawyer.
If you want a lawyer or other professional representative to speak on your behalf at VCAT, let the other party know in writing before the hearing and ask permission when the hearing starts. You will need to explain why.For some case types you have an automatic right to representation.
If the claim is for goods and services under $15,000, we generally don’t allow a lawyer or other professional representative to speak for you at VCAT.
If you do choose to get legal advice, you’ll need to pay any costs.
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What support can I get on the day at VCAT?
We offer a range of support services including interpreters, disability, security, family violence and Koori support.
Make sure you let us know what support you need to early as possible - when you apply to VCAT or get a notice from us.
If you’ve been in touch with us about support before you come to VCAT, see our customer service staff at the counter or meet the support person at the location you’ve agreed on before the hearing.
You can also contact us by phone, email, post or in person. Our staff can help answer questions about the VCAT process, but they can’t give you legal advice about your case or the outcome.