Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 43E

Proceedings and costs

43E. Proceedings and costs



(1) If the Director institutes or defends proceedings on behalf of a building
owner under section 43D-

   (a)  the Director may settle the proceedings either with or without
        obtaining judgment in the proceedings; and

   (b)  if a judgment is obtained in the proceedings in favour of the building
        owner, the Director may take such steps as are necessary to enforce
        the judgment; and

   (c)  subject to subsections (1A) and (1B), an amount (other than an amount
        in respect of costs) recovered in the proceedings is payable to the
        building owner; and

   (d)  an amount in respect of costs recovered in the proceedings is payable
        to the Director; and

   (e)  subject to subsection (1A), the building owner is liable to pay an
        amount (not being an amount of costs) awarded against the building
        owner in the proceedings; and

   (f)  the Director is liable to pay the costs of or incidental to the
        proceedings that are payable by the building owner.





(1A) If the Director institutes, defends or continues proceedings on behalf of
a building owner after the building owner revokes the consent to the
proceedings-

   (a)  the Director must compensate the building owner for-

   (i)  any loss suffered as the result of the loss of any settlement offer
        made to the building owner; and

   (ii) out-of-pocket expenses incurred by the building owner during the
        proceedings after the revocation of consent; and

   (b)  the Director is liable to pay any amount awarded against the building
        owner in the proceedings.

(1B) If the Director institutes, defends or continues proceedings on behalf of
a building owner after the building owner revokes the consent to the
proceedings or defence, any amount recovered in the proceedings (including any
amount for costs) that exceeds the amount payable to the building owner under
subsection (1A) may be applied to the payment of the costs of and incidental
to the proceedings for which the Director is liable or that are incurred by
the Director in relation to the proceedings.

(2) If, in proceedings instituted or defended on behalf of a building owner
under section 43D-

   (a)  a party to the proceedings files a counterclaim; or





   (b)  the building owner is entitled to file a counterclaim-

and the counterclaim is not or would not be related to the proceedings and to
the interests of the building owner in the dispute, the Director may apply to
the court or the Tribunal hearing the proceedings for an order that the
counterclaim not be heard in the course of those proceedings.

(3) If the court or the Tribunal makes an order under subsection (2), the
court or the Tribunal may make those ancillary or consequential provisions (if
any) that it thinks just.