Speedy resolution of domestic building disputes in Covid-19 times

Mediations, compulsory conferences and hearings to resolve domestic building disputes in the Victorian Civil and Administrative Tribunal have been postponed for considerable periods of time due to the COVID 19 pandemic. At this stage all non-critical matters to 15 May 2020 have been adjourned, and it is unclear when business in the Tribunal will resume, and when it does, how cases will be managed.

Justice delayed is justice denied is an undeniable truism.

MTECC has experienced and qualified professionals ready to assist with alternative dispute resolution of these disputes whether by way of mediation, arbitration or referrals out from VCAT. Our counsel are all specialised construction law barristers with a wide breadth of experience. Their availability to speedily determine or resolve disputes offers a significant and valuable opportunity to the legal profession and clients.

Be assured that the purposes and the objects of the Domestic Building Contracts Act 1995 (Vic) and the Victorian Civil and Administrative Tribunal Act 1998 (Vic) are aligned with parties to a current domestic building dispute agreeing to refer their actual present dispute to arbitration. Osborn J confirmed this in Age Old Builders Pty Ltd v Swintons Pty Ltd [2003] VSC 307 where his Honour said that s 14 of the Domestic Building Contracts Act preserves ‘the right of parties to refer an actual present dispute to arbitration where they agree that such a process is likely to be the most effective form of dispute resolution.’

MTECC members are always happy to explore fee structures either by way of fixed fee or capped fee arrangements as well.