APPLICATION TO THE - Home | VCAT · PDF fileIf there are more than three respondents please add further pages to the application ... 8 Application to the Building and Property List

APPLICATION TO THE BUILDING AND PROPERTY LIST(DOMESTIC AND COMMERCIAL BUILDING)

Building and Property ListMelbourne VIC 3001

Phone (03) 9628 9999email: [email protected]

GETTING STARTED

PRIVACY STATEMENT

Commercial building work Domestic building work

Other, please specify

Are you an owner- builder applying for an exemption under section 68 of the Domestic Building Contracts Act 1995?

No Yes - continue to Claim Details section on page 2

1 Application to Building and Property List (Domestic and Commercial Building)

IS YOUR CLAIM ABOUT

A copy of VCAT's privacy policy is available on the VCAT Website - www.vcat.vic.gov.au/privacy

ANSWER THE FOLLOWING QUESTIONS IF YOUR CLAIM IS ABOUT DOMESTIC BUILDING WORK UNLESS YOU ARE SEEKING AN INJUNCTION:

Is one of the parties to the dispute an owner?

Have you been to DBDRV or Building Advice Conciliation Victoria (BACV)?

No - continue to Claim Details section on page 2 Yes - answer the next question

No - you cannot complete this application until you have been to DBDRV <www.dbdrv.vic.gov.au>

Yes - answer the next question

Do you have a confirmation of complaint letter from BACV or a certificate of conciliation from DBDRV?

No - you must get a certificate of conciliation from DBDRV before completing the form.If you are an owner or builder who has ended a contract under the DBDRV process you will need to attach a copy of the dispute resolution order and/or a Notice of breach of dispute resolution order to this application.

Yes – you must attach a copy of the confirmation of complaint letter or certificate of conciliation to this application. Continue to the Claim Details section on page 2.

No Yes - There is an additional fee if you are applying for an injunction - continue to Claim Details on Page 2

WHO CAN MAKE THIS APPLICATION?Owners, builders, sub-contractors, architects and others can make this application about building disputes.

ARE YOU SEEKING AN INJUNCTION?An urgent order that directs someone to do or not to do something

• If your claim is about domestic building work and one of the parties to your claim is an owner, you must first refer your dispute to Domestic Building Dispute Resolution Victoria (DBDRV) <www.dbdrv.vic.gov.au> before you can make a claim to VCAT; unless you are applying for an injunction.Complete this form if you are applying for a review of a decision of a warranty insurer.To apply for a review of a DBDRV decision or review a decision of the Victoria Building Authority (plumbing) decision, use the “Application to the Building and Property List-Review of a Decision.”There are some exceptions to this. See the list on the VCAT website www.vcat.vic.gov.au/buildingclaims

Fields marked with an asterisk (*) must be completed.

NOTE:

•

•

ABN or ACN *

What is your address?Address *

Company name

If you are an individual trading under a business name

If you are a company

*

Postcode *Suburb * State *

Street address*

Postcode *Suburb/Town* State *

trading as


ABN *

Business Name *

No

Site address 1

Street address*

Postcode *Suburb/Town* State *

Site address 2 (if applicable)

WHO IS MAKING THIS APPLICATION? The applicant is the person who makes this application. As applicant are you: *

Owner Sub-contractor

Builder Architect Other

Owner - builder

First name * Last name *

If you are an individual

No Yes - Provide VCAT reference number

If the claim is about more than one contract between an owner and a builder, or properties which are not owned by the same person, separate applications should be completed for each site.

SITE DETAILS

CLAIM DETAILS

Is your claim?

For a monetary amount - amount of claim $

For a non monetary amount

Yes Do you wish to be identified as a person of Aboriginal and/or Torres Strait Islander descent?

Are you making this application in response to another VCAT application that has been served on you?


How can VCAT contact you?Name of contact person *

Daytime telephone *

Email

Fax

Do you want VCAT notices and correspondence emailed to you?

No

No Yes - complete information below

Address

Email *

Daytime telephone *

Are you and any other applicants represented by a lawyer or a professional advocate?

No - go to page 4 and complete section “Who are you making this claim against?”

Yes - Complete section “Second applicant’s details” below

Name of contact person

Is there another applicant making this application with you?

PostcodeSuburb State

SECOND APPLICANT’S DETAILS Tick the box that best describes the second applicant:*

No

Owner Sub-contractor Owner - builder

Builder Architect Other

First name * Last name *

If the second applicant is an individual

Yes Do you wish to be identified as a person of Aboriginal and/or Torres Strait Islander descent?

If the second applicant is an individual trading under a business name

ABN *

If the second applicant is a company Company name *

ACN or ABN *

Business name *

trading as

Yes - provide email address below

What is the second applicant’s address?

How can VCAT contact the second applicant?

PostcodeSuburb

Same as first applicant

Address

State

4 Application to the Building and Property List (Domestic and Commercial Building)

Same as first applicant

If there are more than two applicants, add further pages to the application (a schedule) including details of each of the additional applicants

WHO ARE YOU MAKING THIS CLAIM AGAINST?The person you are making the claim against is called the respondent. The respondent is an:

If the respondent is an individual

If the respondent is trading under a business name

Business name *

If the respondent is a company Compan y name *

ACN or ABN *

Last name *First name *

*ABN *

trading as

Owner

Builder

Sub-contractor

Architect

Owner - builder

Warranty Insurer Other

A Current Company Extract must be attached to your application for it to proceed. This extract verifies the name, status and registered address for service of the respondent. Without this information, we cannot process your application.

You MUST buy the extract through the Australian Securities & Investments Commission (ASIC) website connecton-line.asic.gov.au. If you need assistance, call ASIC on 1300 300 630.*Do not provide the free summary information page from the ASIC website. It does not contain the registered addressdetails and VCAT cannot accept it.

•

•

I confirm I have a company extract which I will attach to this application

Name of contact person *

Daytime telephone *

Email

Fax

Do you want VCAT notices and correspondence emailed to you?

No Yes - provide email address below


What is the respondent’s address and contact details?If the respondent is an individual - provide a street address (PO Box is not sufficient)

If a company - provide address of Registered Office as on the ASIC Company Extract

Address *


Telephone (if known)


Don’t know

Name of law firm or professional advocate *

Address *

Email


Daytime telephone *

Is the respondent represented by a lawyer or a professional advocate? No


Yes - Complete the information below

No - go to page 7 Yes - Complete section “second respondent’s details” below

Are you claiming against another respondent?

SECOND RESPONDENT’S DETAILS

If the second respondent is an individual Last name *First name *

If the second respondent is trading under a business name

Business name *

If the second respondent is a company Compan y name *

ACN or ABN *

*ABN *

trading as



•

•

Tick the box that best describes the second respondent:*


Owner

Builder

Sub-contractor

Architect

Owner - builder



Don’t know Yes: complete only if different from first respondent


Address *

Email


Daytime telephone * Fax

Is the second respondent represented by a lawyer or a professional advocate?No


What is the second respondent’s address and contact details? If the second respondent is an individual - provide a street address (PO Box is not sufficient)


Address *




THIRD RESPONDENT’S DETAILS

If the third respondent is an individual Last name *First name *

Business name *

If the third respondent is a company Compan y name *

ACN or ABN *

*ABN *

trading as



•

•

Tick the box that best describes the third respondent:*


If the third respondent is trading under a business name

Owner

Builder

Sub-contractor

Architect

Owner - builder


No - go to page 7 Yes - Complete section “third respondent’s details” below

Are you claiming against another respondent?

Don’t know Yes: complete only if different from first respondent


Address *

Email


Daytime telephone * Fax

Is the third respondent represented by a lawyer or a professional advocate?No


What is the third respondent’s address and contact details? If the third respondent is an individual - provide a street address (PO Box is not sufficient)


Address *





If there are more than three respondents please add further pages to the application (a schedule) including the details of each of the additional respondents

WHAT ORDERS DO YOU WANT VCAT TO MAKE?

dd / mm / 2 0 y y

Payment of money (including damages)

Order to comply with a contract (eg: rectification or completion of building work)

Vary or cancel a contract

Vary or reverse a decision made by a warranty insurer

Insurer’s reference number Date decision received

Other on the following grounds: complete the following box or attach points of claim

Points of Claim attached


HEARING ARRANGEMENTS Do you or any other person appearing at the hearing need special assistance?

No Yes – specify what special assistance is needed below

hearing loop

interpreter – who needs an interpreter?

security

other (e.g. assisted access) - please specify

REQUIRED AND SUPPORTING DOCUMENTSYou must attach to this application

Schedule of additional applicants or respondents (if applicable)

Points of Claim

Expert reports (including colour photos)

Other supporting documents

First name Last name

Language/dialect

ACKNOWLEDGMENT Name of person completing this application:

I understand and acknowledge that:

to the best of my knowledge, all information provided in this application is true and correct. *

it is an o ence under section 136 of the Victorian Civil and Administrative Tribunal Act 1998 to knowingly give false or misleading information to VCAT. *

Date dd / mm / 2 0 y y

Signature

Last name *First name *

Supporting documentation:

An ASIC Company Extract showing the address of the Registered Office of the company (if the respondent is a company)Certificate of conciliation from DBDRV

OR

Confirmation of complaint from BACV

Notice of breach of dispute resolution order or copy of dispute resolution order (where contract ended by owner or builder as part of the DBDRV process)

Complete this section unless you are applying for fee relief or no fee is payable.

Choose the fee level:

Standard Corporate Health Care Card

Fee amount charged:


ABOUT VCAT FEES

No - complete Fee payment section

Yes - complete Fee relief form and attach it to this application form

FEE PAYMENT

FEE RELIEF

CARD DETAILS

Cards Accepted: *

Card Number: *

Card Expiry: *

Card Expiry: *

VISA MasterCard

mm /

yymm

Cardholder Name: *

Signed: *

Date: * mm /

/

yyyydd /

REMOVE THIS PAGE WHEN SENDING A COPY OF THIS APPLICATION TO OTHER PARTIES

VCAT fees are charged according to three levels:• corporate fees for businesses and companies with a turnover of more than $200,000 in the previous financial

year, corporate entities and government agencies• standard fees for individuals, not-for-profit organisations, and small businesses and companies with a turnover

of less than $200,000 in the previous financial year. Companies must provide a statutory declaration to supportthis claim

• Health Care Card fees for people who hold the Australian Government Health Care Card. You must providea copy of your card with your application

We can reduce or not charge (waive) a VCAT fee in certain circumstances.

Some people are automatically entitled to a full fee waiver. You can also apply for fee relief if paying the fee would cause you financial hardship.

Visit <<vcat.vic.gov.au> for more information about fee relief.

Are you applying for fee relief?

www.vcat.vic.gov.au

www.vcat.vic.gov.au

HOW CAN YOU LODGE THIS APPLICATION?Posting it to:Victorian Civil and Administrative TribunalBuilding and Property ListGPO Box 5408Melbourne VIC 3001

Delivering it in person to:Victorian Civil and Administrative Tribunal VCAT Service CounterGround Floor, 55 King StreetMelbourne VIC 3001

Faxing it to:(03) 9628 9988

Documents

APPLICATION TO THE - Home | VCAT · PDF fileIf there are more than three respondents please add further pages to the application ... 8 Application to the Building and Property List