HAVE A COMPLEX BUILDING MATTER IN VCAT? IS VCAT THE CORRECT JURISDICTION? 

Consider the effect of the recent decision in Plunkett v Portier Pacific [2024] VCAT 204. 

Facts

The Respondent in this matter applied to have the proceeding struck out and referred to the Supreme Court of Victoria under section 77 of the VCAT Act for reasons including complexity, the claimed amount being over $1 million, number of interim applications to date, VCAT’s resourcing issues and its lack of expertise.

The Respondent was successful in its application.

As a result, the judge in his reasoning summarised the factors for a Court being a better forum.

These factors include:

• Damages Claimed > $500,000.00.
• Hearing estimate > 10 days

Multiple parties with third party claims, counterclaims etc. where a single decision maker is more appropriate.
Where the proceeding involves multiple parties with third party claims, counter claims, claims for apportionment, etc. and where the proceeding would benefit from regular case management by a single decision maker.

Where the proceeding involves new points of law or complex facts that may result in an appeal.

Take Home Point:

Instead of VCAT, the County or Supreme Court may be more appropriate forum for a complex building matter.