Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 57

Tribunal to be chiefly responsible for resolving domestic building disputes

57. Tribunal 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.

(2) The Court must stay any such action on the application of a party to the
action if-

   (a)  the action could be heard by the Tribunal under this Subdivision; and

   (b)  the Court has not heard any oral evidence concerning the dispute
        itself.

(3) This section does not apply to any matter dismissed by the Tribunal under
section 77 of the Victorian Civil and Administrative Tribunal Act 1998.

(4) If an action is stayed under this section, any party to the action may
apply to the Tribunal for an order with respect to the dispute on which the
action was based.

(5) If a person applies to the Tribunal under subsection (4) the Tribunal must
notify the Court and on such notification the Court must dismiss the action.

(6) Subsection (5) does not apply if the Tribunal refers the matter to the
Court under section 77(3) of the
Victorian Civil and Administrative Tribunal Act 1998.