Hi,

I am building a house - contracted a builder to commence in August 2011. I now have a slab and half a frame and no work on the house since September 2011 when I was billed for the frame, went and inspected my property and the ground floor frame was up. Then was advised that the work was completed and I was required to pay the invoice. I didn't have a reason not to believe the builder at this time. Anyway paid the second part of the frame invoice and "guess what" no work since then, I have heard that I am not the only customer of this building company exeperiencing problems. I have had a solicitor send a letter and the BACV involved. I am thinking due to the cost of having a lawyer involved I would like to represent myself at VCAT. The builder I am using is based in Gippsland. Can anyone give me advice on self representation at VCAT. I am based in Victoria.
Thanks

Hi

Have a look for similar cases at vcat via http://www.austlii.edu.au/

I have seen a few people represent themselves and that is really what VCAT is based upon - self representation. The deputy president runs the tribunal and gives everyone a fair hearing, both can subpoena witnesses, and each can ask witnesses questions. The DP may also run part of the tribunal at the site. He/she asks questions, deliberates and gives an outcome.

I recommend it...

Ed

Yeah I agree, definitely represent yourself. Working at a RE agency in the past, we never had a lawyer present.

I have represented myself at VCAT but not in a building matter. Basically be armed with as many photos and documents you have and know your case inside out. Not having a lawyer will give the other side the impression that your not 100% committed to following things through.

Basically VCAT is a stepping stone to court action. If it cant be resolved via negotiation then it goees to court. So know what you are happy to settle with. If its completion of work then it needs to be secured with dates and possible penalities that can be enforced if things do progress to court. You need to ensure all the details are signed off if you do reach agreement

It is a negotiation, dress professional (suites), you need to give the appearance of being in a strong solid position and not afraid to proceed to court. To be honest, if your not 100% sure of everything and know what minimum resolution you will be happy with, then get a lawyer. If things dont go well at VCAT then you will need one anyway

One last tip, you need to take the emotion out of it and be able to think clearly and strategically

Thanks to everyone has given me advice. Much appreciated.

To represent yourself you have to be your own lawyer, tough negotiator and industrious in preparation and collecting evidence. You will almost certainly need expert witness report and probably professionally prepared costing report (cost to rectify defects and to complete). It is likely that VCAT will order a mediation. It is an opportunity to settle but it is tough going and a game of poker. (you don't want to blink) You should bring your own expert to mediation for if the other side brings theirs you will be outgunned.
Good luck
You can find useful information on VCAT web site

Hi Neverbuildagain, I am going thru your post how did you go with your VCAT mediation , did you represent yourself or hire a Lawer . I am so keen to know how can I represent my self at VCAT because I have a dispute with my builder n mediation is soon in VCAT , appreciate your inputs Thanks