As has been reported on numerous occasions, in Thurin v Krongold [2022] VSCA 226, the Victorian Court of Appeal determined that VCAT is not a “Court of a State” for the purposes of s 77(iii) of the Constitution and therefore the Victorian State Parliament is incapable of conferring judicial power on VCAT in respect of federal matters.

AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419   AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 is a decision of the President of VCAT, Justice Woodward.  It covers issues commonly encountered in domestic building disputes.   The parties to the major domestic building contract had validly departed from the

More jurisdiction gymnastics in the domestic building space (yes, more)   There are two recent decisions of note which shift the dial (yet again) as to VCAT’s power to refer matters within its jurisdiction to a court.   The first is Plunkett v Portier Pacific [2024] VCAT 205, a decision of Woodward J (sitting as President of

When can a costs order be made against a non-party company director personally in respect of litigation involving the company?   McGlone v Gerard Brandrick & Associates Pty Ltd & Anor [2023] VCC 1895 provides a useful reminder of the circumstances in which such an order may be made.   The proceeding concerned building works carried out

In Marques Group Pty Ltd v Parkview Constructions Pty Ltd [2023] NSWSC 625, Rees J refused to grant summary judgment for a statutory debt claim under the NSW Building and Construction Industry Security of Payment Act 1999 (NSW)(SOP Act) because there was an arguable defence of misleading or deceptive conduct that was not a defence arising “under the construction

The decision in Pinnacle Living v QBE Insurance [2023] VSC 621 concerned two issues of interest.    The relevant facts were as follows. A fire on a construction site caused about $3 million loss and damage. Two insurers were on risk. One under an Industrial Special Risks Policy. The other under contract works insurance. Contract works risk was