Share on LinkedInShare on LinkedIn

ARTICLE · 14 MARCH 2023

What's left of VCATs construction dispute jurisdiction?

Court confirms that VCAT does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act.

AustraliaLitigation, Mediation & Arbitration

"VCAT's long-standing practice of hearing and determining contribution is inconsistent with the statute pursuant to which the Tribunal has purported to determine such claims" - His Honour Justice Delany of the Supreme Court of Victoria, acting as a Member of VCAT, Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2023] VCAT 233 at [67].

In a significant and wide-reaching decision likely to have a substantial impact on the Building and Property List in the Victorian Civil and Administrative Tribunal (VCAT), the Honourable Justice Delany of the Supreme Court of Victoria held that VCAT does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic) (Wrongs Act).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from