Browse Forums General Discussion 1 May 28, 2013 1:27 pm People may be interested in knowing that the public are being asked to provide input on a consultation paper on consumer protection for domestic building consumers (in Victoria) by 29 June. If you have had experience with domestic building disputes or problems I encourage you to have a look at the consultation paper and make comment. Why should people read the consultation paper and make comment? I understand that VCAT may be getting users to pay for VCAT costs, on top of legal fees (which can range from $20,000 to $80,000). This may make it prohibitive for consumers to take disputes to VCAT - the only place where consumers can try to get disputes resolved and get some costs paid back. People may also not be aware that if you go to VCAT with a domestic building dispute and win your case, you may not get the orders of VCAT adhered to by the builder. From the consultation paper (Victorian Domestic Building Consumer Protection Framework, Public consultation paper): "At the end of the VCAT process, a VCAT order is not enforceable in its own right and builders have not always adhered to VCAT orders. Consumers need to go to court to get the VCAT order enforced. This situation may create an incentive for some builders to avoid conciliation or settlement in the hope that the costs and delays of the VCAT and/or court process will deter aggrieved consumers." The details of the consultation process are: "On Monday 27 May 2013 the Victorian Domestic Building Consumer Protection Reform Strategy was released. The current Victorian domestic building consumer protection system has been in place since 2002. While the majority of domestic building projects in Victoria are completed to a high standard and in a timely manner, it has become evident that there are a range of issues and concerns regarding the current framework for consumer protection. Reforms in the domestic building industry will significantly improve the framework to provide more effective consumer protection and improve the performance of the government entities that oversee the framework. Over time the reforms are expected to reduce the number of building disputes and when they do arise the reforms will help them to be resolved quickly, fairly and cost efficiently benefiting both consumers and builders. The main changes will include: establishing a one-stop-shop for consumers and builders; improving registration standards, oversight and discipline; improving consumer information; improving dispute resolution; and improving the mandatory insurance product." Link: http://www.dtf.vic.gov.au/CA25713E0002E ... aQUN5yvm6y Re: Domestic building consumer protection reform - Victoria 2Jun 06, 2013 8:16 am These changes are predominantly to increase consumer protection. In regard to costs, the situation is as follows: Section 109(1) of the Victorian Civil and Administrative Tribunal Act 1998 (the VCAT Act) provides that each party bears their own costs of a proceeding. This is in contrast to the general principle in court proceedings that costs follow the event, whereby the successful party is entitled to an order that the unsuccessful party pays their costs. It seems that there are moves at foot to change that so that consumers will not lose out due to the heavy financial cost of running a case. I dont read that consumers will have to pay the VCAT costs of operation. Mostly good news for consumers, I think. Perhaps the best thing the RO or rectification order that may be given by the new authority. All to be seen. Hi , I'm currently going through this now within the Whitehorse council which has a similar set of restrictions. We're having to make compromises with our floor plan due… 3 23656 Yes, neither is termite damage that is not covered by your house insurance. 3 5643 |