Spectrum – Construction & Builders

Defective building works and seeking damages

In a recent VCAT decision (Miller & Anor v Pomphrey (Building and Property) [2022] VCAT 140), the Applicants (“the Owners”) issued proceedings in the Victorian Civil Administrative Tribunal against the Respondent (“the Builder”) seeking damages for defective building work. This case shows how damages can be calculated by either the cost of replacement or the …

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Construction to re-open with heavy restrictions

The Victorian Government confirmed that the shutdown of the construction industry will end, and the construction sector can reopen on Tuesday 5 October 2021 with some heavy restrictions. A summary of these restrictions is set out below, but a reminder that the directions are still to be published and construction players should keep up to …

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A mandatory stay of proceedings to be heard in VCAT

Case study – Impresa Construction v Oxford Building [2021] VCC 1146 In the recent decision of Impresa Construction v Oxford Building [2021] VCC 1146, the County Court of Victoria considered whether a stay of proceedings pursuant to s57 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’) can be heard by VCAT and the …

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Service of documents – what you need to know

Service of Documents Service is the term to describe the giving of legal documents by one person to another. We may live in a digital world, but sometimes old-fashioned service of documents is still required, so it’s important you’re aware of your obligations. Due to COVID, there have been some exceptions made to the way we can …

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