When you can apply to VCAT

Parties involved in our dispute resolution process have the right to apply to VCAT for review of certain actions or decisions:

When a dispute is not suitable for conciliation

• 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.

When required to comply with a dispute resolution order

A party that 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 that applies to VCAT for a review of a dispute resolution order and is unsuccessful, may have costs awarded against them.

When a builder is issued with a breach of dispute resolution order notice

• 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 that the notice was based on was not correct
    or
  • the dispute resolution order has now been complied with.

Where money has been paid into the BPC Dispute Resolution Trust Fund

• Where money has been paid into the BPC Dispute Resolution 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.

When you've lodged with BACV before 2017

• If your dispute was lodged with Building Advice and Conciliation Victoria before 2017, you are not required to lodge an application with our service. In this case, you can apply straight to VCAT.

More information

See the VCAT website: