DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 57 VCAT to be chiefly responsible for resolving domestic building disputes
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 57
VCAT to be chiefly responsible for resolving domestic building disputes(1) This section applies if a person starts any action arising wholly or predominantly from a domestic building dispute in the Supreme Court, the County Court or the Magistrates' Court.
S. 57(2) amended by No. 52/1998 s. 38(1)(d)(i).
(2) The Court must stay any such action on the application of a party to the action if—
S. 57(2)(a) amended by No. 15/2016 s. 10(1).
(a) the action could be heard by VCAT under this Subdivision; and
(b) the Court has not heard any oral evidence concerning the dispute itself.
S. 57(2A) inserted by No. 26/2023 s. 75(1).
(2A) The Court is not required to stay an action referred to in subsection (1) if the Court is satisfied that the action raises, or there are reasonable grounds for the Court to consider that the action may in the future raise, a controversy involving federal subject matter (within the meaning of section 57A(1) of the Victorian Civil and Administrative Tribunal Act 1998 ) that VCAT has no jurisdiction to exercise judicial power to resolve.
S. 57(3) amended by Nos 52/1998 s. 38(1)(d)(ii), 15/2016 s. 10(1), 26/2023 s. 75(2).
(3) This section does not apply to any matter struck out by VCAT under section 77 of the Victorian Civil and Administrative Tribunal Act 1998 .
S. 57(4) amended by Nos 52/1998 s. 38(1)(d)(iii), 15/2016 s. 10(1).
(4) If an action is stayed under this section, any party to the action may apply to VCAT for an order with respect to the dispute on which the action was based.
S. 57(5) inserted by No. 52/1998 s. 38(2), amended by No. 15/2016 s. 10(1).
(5) If a person applies to VCAT under subsection (4) VCAT must notify the Court and on such notification the Court must dismiss the action.
S. 57(6) inserted by No. 52/1998 s. 38(2), amended by No. 15/2016 s. 10(1).
(6) Subsection (5) does not apply if VCAT refers the matter to the Court under section 77(3) of the Victorian Civil and Administrative Tribunal Act 1998 .
S. 57A inserted by No. 15/2016 s. 8.