VCAT Building Disputes: An Overview Standard domestic building contracts usually provide rights to the parties in the event that the other party breaches the contract. For most breaches, the breaching party should be given a notice of breach that provides notice of the alleged breach and a timeframe within which to find the remedy of the breach. Termination rights are also generally set forth in the contract and again, notice is generally required. Wrongful termination by the owner can have a serious effect to release the builder from the obligation to complete the work and also may allow the builder to claim a sum for the works already completed which is in excess of the contractual price. Any dispute in Domestic Building Dispute Resolution Victoria (“DBDRV”) or the Victorian Civil and Administrative Tribunal (“VCAT”) may be time-consuming and costly. The results are never certain, so you need to sit down to work out a suitable settlement of the dispute with the other party if it is possible. If a certificate is issued stating that conciliation was unsuccessful or that the matter was unsuitable for conciliation, the owner or the builder may issue a proceeding in VCAT. Technically either party may also issue a proceeding, but if the owner does an application for a stay prior to evidence being heard in a final hearing, then the Court should stay the proceeding. VCAT building disputes generally list the matter for directions hearing. Since the establishment of Domestic Building Dispute Resolution Victoria most domestic building disputes need to go through mandatory conciliation processes conducted by DBDRV before they proceed to the Victorian Civil and Administrative Tribunal (VCAT). Only if a dispute can be assessed by DBDRV as unsuitable for conciliation, or the matter is unresolved after attempted resolution, the parties may apply for the matter to be determined by VCAT.