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24AI Proportionate liability for apportionable claims include: the liability of a defendant who is a concurrent wrongdoer in relation to that claim is limited to an amount reflecting that proportion of the loss or damage claimed that the court considers just having regard to the extent of the defendant’s responsibility for the loss or damage; and judgment must not be given against the defendant for more than that amount in relation to that claim. If the proceeding involves both an … Continued

Third Party Notice: A claim for contribution by one defendant against another may be carried on notwithstanding that after service of the notice of contribution the plaintiff discontinued the proceeding against the defendant from whom the contribution is sought: Harper v Gray & Walker [1985] 2 All ER 507. Although a proceeding is continuing between the plaintiff and defendant, a third party claim by the defendant may be dismissed for want of prosecution if the defendant is guilty of delay … Continued

This is a useful legal process to join a party to a proceeding; of particular relevance is joining a respondent on the Civil Division at VCAT, be that Domestic Building List, Owners Corporation List or the Retail List and Civil List. The operation and scope of the proportionate liability scheme Part IVAA provides for the proportionate liability of concurrent wrongdoers in respect of claims for damages for economic loss, or damage to property, arising from a failure to take reasonable … Continued

I have found the part of my practice which works with objector groups to be on one hand the most challenging and on the other the most satisfying. On one hand you have a group of highly motivated residents who wish to oppose a development or use and working with these people is extremely rewarding and fun. On the other hand working with these groups requires some significant hand holding as few members are familiar with the planning, VCAT or … Continued

Impact DBDRV has had on the VCAT Building and Property List: Overall, VCAT has seen a reduction in building and property matters due to the introduction of the mandatory conciliation service offered by DBSRV although this seems to be levelling out as the certificates catch up the VCAT applications. DBDRV service commenced in April 2017 and the following has been observed of the impact on the number of VCAT Building and Property Hearings: 2017: 1,746. 2018: 1,856. 2019: 1,739 -6%. … Continued

Challenges Facing the DBDRV: Some of the issues at the moment with the DBDRV: What role will lawyers have in the process? Are the written guidelines or procedures in place which influence how a decision is made clear enough. What is the effect of the non-compliance with s.46B? If the dispute involves a multi-unit development with multiple owners – can this be conciliated? For example, where a builder intends to offer to rectify leaking balconies and all owners (or the … Continued

Assessor for the DBDRV, Dispute Resolution at the DBDRV and Confidentiality:   Division 5 – an assessor may be appointed to assess whether the work is defective or incomplete. An assessor has the following functions (s.48A): To assess whether domestic building work is defective or incomplete. To carry out any other function conferred on him/her. By s.48B, the CDRO may in writing direct an assessor to inquire into a domestic building work dispute, to examine the work performed by the … Continued

Background Domestic Building Dispute Resolution Victoria: The Building Legislation Amendment (Consumer Protection) Act 2016 (the BLA(CP) Act) introduced significant changes to the Domestic Building Contracts Act 1995 (the Act), most notably the introduction of a new mandatory dispute resolution process for most domestic building disputes – called Domestic Building Dispute Resolution Victoria (DBDRV). DBDRV is a business unit of the Department of Justice and Regulation. It is established under Part 4 of the DBC Act. The old Part 4 provisions … Continued

Coronavirus (COVID-19) has resulted in temporary changes made to Victoria’s laws on commercial and residential renting in response to the COVID-19 pandemic. The changes apply for the 6 months of 29 March 2020 to 26 September 2020. Chapter 4 of the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) introduces temporary amendments to the Residential Tenancies Act 1997 (Vic). The new Victorian laws temporarily change how the Residential Tenancies Act 1997 and Retail Leases Act 2003 operate in response to the COVID-19 pandemic. The changes introduced … Continued