Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 43D

Powers of the Director to institute and defend proceedings

43D. Powers of the Director to institute and defend proceedings



(1) If a building owner is involved in a domestic building dispute, the
Director may, subject to this section, institute proceedings on behalf of, or
defend proceedings brought against the building owner if the Director is
satisfied-

   (a)  that the building owner has a good cause of action or a good defence
        to an action relating to the dispute; and

   (b)  that it is in the public interest to institute or defend proceedings
        on behalf of the building owner.

(2) The Director must not, under subsection (1), institute or defend
proceedings on behalf of a building owner unless that building owner has given
consent in writing.





(3) After consent has been given under subsection (2), the Director may
institute or continue with a proceeding or defence on behalf of a building
owner even if the building owner revokes the consent.