Fillable APPLICATION TO THE BUILDING AND PROPERTY LIST (BUILDING) (Department of Infrastructure, Transport, Cities and Regional Development)

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APPLICATION TO THE BUILDING AND PROPERTY LIST (BUILDING) (Department of Infrastructure, Transport, Cities and Regional Development)

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Application to Building and Property List (Building)1
PRIVACY STATEMENT
A copy of VCAT’s privacy statement is available on the VCAT website – www.vcat.vic.gov.au/privacy
GETTING STARTED
Use this form to apply to VCAT if your claim is about domestic, commercial or other building work, or to apply for a
review of a decision of a warranty insurer.
If your claim is about domestic building work and one of the parties to your claim is an owner, you must rst refer your
dispute to Domestic Building Dispute Resolution Victoria (DBDRV) before you can make a claim to VCAT unless you
are applying for an injunction.
To apply for a review of a DBDRV decision or review of certain decisions of the Victorian Building Authority (VBA),
use the ‘Application to the Building and Property List – Review of a Decision’ form available on the VCAT website:
www.vcat.vic.gov.au/case-types/building-and-construction
WHO CAN MAKE THIS APPLICATION?
Anyone can make an application arising from a building dispute, including owners, builders, sub-contractors, and
architects. More information is available on the VCAT website: vcat.vic.gov.au/buildingclaims
FEES
An application fee may apply. To nd out about fees go to www.vcat.vic.gov.au/fees
You will be guided through a set of questions that will assist in conrming that this is the correct form for
your application. You may be directed to Domestic Building Dispute Resolution Victoria (dbdrv.vic.gov.au)
before you can apply to VCAT.
ARE YOU SEEKING AN INJUNCTION OR URGENT HEARING?
Are you seeking an injunction? (An injunction is an order that directs someone to do or not to do something
immediately).
No – Go to next question Yes – Go to Claim Details on Page 2.
Are you seeking an urgent hearing?
No – Go to next question Yes – Provide a reason below, then go to Claim Details on Page 2.
Building and Property List
Melbourne VIC 3001
Phone 1300 01 8228
email: civil@vcat.vic.gov.au
APPLICATION TO THE
BUILDING AND PROPERTY LIST
(BUILDING)
Application to Building and Property List (Building)2
CLAIM DETAILS
Is your claim for a monetary amount?
Yes – Enter claim amount
$
No, non monetary
Are you making this application in response to another VCAT application that has been served on you?
No Yes – Provide VCAT reference number
Is there, or has there been, a related proceeding at VCAT or in a court about the matters in dispute?
No Yes – Provide VCAT or court reference number
Have you previously made a claim to VCAT about the matters in dispute?
No Yes – Provide VCAT reference number
What is your claim about?
Commercial building work – Go to Site Details on Page 3.
Domestic building work – Go to Domestic Building Work Claims below
DOMESTIC BUILDING WORK CLAIMS
If you reach the end of this ‘Domestic Building Work Claims’ section and do not tick any boxes then do not
continue to complete this form. Please lodge an application to the DBDRV www.dbdrv.vic.gov.au
Are you are an owner builder seeking an exemption under Section 68 of the Domestic Building Contracts Act 1995?
Yes – Go to Site Details on Page 3 No – Go to next question
Are you seeking a review of a decision of a warranty insurer?
Yes – Provide details below, then Go to Site Details on Page 3 No – Go to next question
Insurer’s reference number
Date decision received
Is one of the parties to the dispute an owner?
No – Go to Site Details on Page 3 Yes – Go to next question
Does the work relate to a Single Trade? – Specify the type of work and go to Site Details on Page 3
Single trade refers to a dispute between an owner and a single trade engaged by the owner to carry out one only of
the following work
attaching external xtures (including awnings,
security screens, insect screens and balustrades)
plumbing work including drainage, re protection
work, gas tting, irrigation (non-agricultural) work,
mechanical services work (heating and cooling),
refrigerated air conditioning work, roong
(stormwater) work, sanitary work, gas appliance
conversion and servicing work or water supply
work (but not work carried out by a gas company
or water authority or drainage works by a council)
installing oor coverings
electrical work
glazing
insulating
painting or plastering
wall and oor tiling
erecting a chain wire fence to enclose a tennis court
erecting a mast, pole antenna, aerial or similar structure.
Application to Building and Property List (Building)3
Have you been to DBDRV or Building Advice Conciliation Victoria (BACV)?
Yes – You must attach one of the following before lodging your application:
a certicate of conciliation
rejection letter from DBDRV
a conrmation of complaint letter from BACV
a dispute resolution order or
a notice of breach of dispute resolution order (if a party has ended a contract as part of the DBDRV process)
SITE DETAILS
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 address 1
Street address
Suburb/Town State Postcode
Site address 2 (if applicable)
Street address
Suburb/Town State Postcode
WHO IS MAKING THIS APPLICATION?
The applicant is the person who makes the application. As applicant are you:
Owner Sub-contractor Owner-builder Builder Architect Other
If you are an individual:
First name Last name
Do you wish to be identied as a person of Aboriginal and/or Torres Strait Islander descent?
No Yes
If you are an individual trading under a business name
Business Name
ABN
If you are a company
Company name trading as
ACN
What is your address?
Street address
Suburb State Postcode
Application to Building and Property List (Building)4
How can VCAT contact you?
Name of contact person
Daytime phone number
Do you want VCAT notices and correspondence emailed to you?
No Yes – provide email address below
Email
Are you and any other applicants represented by a lawyer or a
professionaladvocate?
No Yes – complete information below
Name of law rm or professional advocate
Address
Suburb State Postcode
Name of contact person
Phone number
Email
Is there another applicant making this application with you?
No – Go to section ‘Who are you making this claim against?’ on Page 5
Yes – Complete section ‘Second applicant’s details’ below
SECOND APPLICANT’S DETAILS
Tick the box that best describes the second applicant:
Owner Sub-contractor Owner-builder Builder Architect Other
If the second applicant is an individual
First name Last name
Do you wish to be identied as a person of Aboriginal and/or Torres Strait Islander descent?
No Yes
If the second applicant is an individual trading under a business name:
Business Name
ABN
If the second applicant is a company
Company name trading as
ACN
Application to Building and Property List (Building)5
What is the address of the second applicant?
Same as rst applicant
Address
Suburb State Postcode
How can VCAT contact the second applicant?
Same as rst applicant
Name of contact person
Phone number
Does the second applicant want VCAT notices and correspondence emailed to you?
No Yes – provide email address below (if different from rst applicant)
Email
If there are more than two applicants, add further pages to the application with details of each of the
additional applicants.
WHO ARE YOU MAKING THIS CLAIM AGAINST?
The person you are making the claim against is the respondent
Owner Sub-contractor Owner-builder Builder Architect Warranty Insurer Other
If the respondent is an individual
First name Last name
If the respondent is an individual trading under a business name
Business Name
ABN
If the respondent is a company
Company name trading as
ACN
If the respondent is a company, a current Company Extract must be attached to your application for it to
proceed. This extract veries the name, status and registered address for service for the respondent. Without
this information we cannot process your application.
You can buy a current Company Extract from the Australian Securities & Investments Commission website
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
address details and VCAT cannot accept it.
I conrm I have a company extract which I will attach to this application
Application to Building and Property List (Building)6
What is the respondent’s address and contact details?
If the respondent is an individual – provide a street address (PO Box is not sufcient)
If a company – provide address of Registered Ofce as on the ASIC Company Extract
Name of contact person
Address
Suburb State Postcode
Phone number (if known)
Is the respondent represented by a lawyer or a professional advocate?
Yes – Provide details below No Don’t know
Name of law rm or professional advocate
Address
Suburb State Postcode
Name of contact person
Phone number
Email
Are you claiming against another respondent?
No – Go to ‘What orders do you want VCAT to make’ on Page 9
Yes – Complete section ‘Second respondent’s details’ below
SECOND RESPONDENT’S DETAILS
Tick the box that best describes the second respondent:
Owner Sub-contractor Owner-builder Builder Architect Warranty Insurer Other
If the second respondent is an individual
First name Last name
If the second respondent is trading under a business name
Business Name
ABN
If the second respondent is a company
Company name trading as
ACN
Email (if known)
Application to Building and Property List (Building)7
If the respondent is a company, a current Company Extract must be attached to your application for it to
proceed. This extract veries the name, status and registered address for service for the respondent. Without
this information we cannot process your application.
You can buy a current Company Extract from the Australian Securities & Investments Commission website
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
address details and VCAT cannot accept it.
I conrm I have a company extract which I will attach to this application
What is the second respondent’s address and contact details?
If the respondent is an individual – provide a street address (PO Box is not sufcient)
If a company – provide address of Registered Ofce as on the ASIC Company Extract
Name of contact person
Address
Suburb State Postcode
Phone number (if known)
Is the second respondent represented by a lawyer or a professional advocate?
Yes – Complete only if different from rst respondent No Don’t know
Name of law rm or professional advocate
Address
Suburb State Postcode
Name of contact person
Phone number
Email
Are you claiming against another respondent?
No – Go to ‘What orders do you want VCAT to make’ on Page 9
Yes – Complete section ‘Third respondent’s details’ below
THIRD RESPONDENT’S DETAILS
Tick the box that best describes the third respondent:
Owner Sub-contractor Owner-builder Builder Architect Warranty Insurer Other
If the third respondent is an individual
First name Last name
Email (if known)
Application to Building and Property List (Building)8
If the third respondent is trading under a business name
Business name
ABN
If the third respondent is a company
Company name trading as
ACN
If the respondent is a company, a current Company Extract must be attached to your application for it to
proceed. This extract veries the name, status and registered address for service for the respondent. Without
this information we cannot process your application.
You can buy a current Company Extract from the Australian Securities & Investments Commission website
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
address details and VCAT cannot accept it.
I conrm I have a company extract which I will attach to this application
What is the third respondent’s address and contact details?
If the respondent is an individual – provide a street address (PO Box is not sufcient)
If a company – provide address of Registered Ofce as on the ASIC Company Extract
Name of contact person
Address
Suburb State Postcode
Phone number (if known)
Is the third respondent represented by a lawyer or a professional advocate?
Yes – Complete only if different from rst respondent No Don’t know
Name of law rm or professional advocate
Address
Suburb State Postcode
Name of contact person
Phone number
Email
If there are more than three respondents, add further pages to the application with details of each of the
additional respondent.
Email (if known)
WHAT ORDERS DO YOU WANT VCAT TO MAKE?
HEARING ARRANGEMENTS
Do you or any other person appearing at the hearing need special assistance?
No – Go to ‘Required and supporting documents’ on Page 10
Yes – specify what special assistance is needed ďĞůŽǁ
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hearing loop
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interpreter – who needs an interpreter?
First name
Last name
Language/dialect
If security is required at the hearing, please fill in the security application form.
www.vcat.vic.gov.au/resources/security-request-form
9 Application to Building and Property List (Building)
Give your reasons below. If you need more space, you can attach a document setting out your reasons.
Alternatively, attach a points of claim.
Application to Building and Property List (Building)10
REQUIRED AND SUPPORTING DOCUMENTS
I conrm I have attached the following required documents to the application
An ASIC Company Extract (if a respondent is a company)
Certicate of conciliation or letter of rejection from DBDRV
OR
Conrmation 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)
Supporting documentation
Schedule of additional applicants or respondents (if applicable)
Expert reports (including colour photos)
Points of Claim
Other supporting documents
ACKNOWLEDGMENT
Name of the person completing this application
First name Last name
I understand and acknowledge that:
to the best of my knowledge, all information provided in this application is true and correct.
it is an offence 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
.
.
Application to Building and Property List (Building)11
HOW CAN YOU LODGE THIS APPLICATION?
Posting it to:
Victorian Civil and Administrative Tribunal
Building and Property List
GPO Box 5408
Melbourne VIC 3001
ABOUT VCAT FEES
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 nancial year,
corporate entities and government agencies
• standard fees for individuals, not-for-prot organisations, and small businesses and companies with a turnover of
less than $200,000 in the previous nancial year. Companies must provide a statutory declaration to support this
claim
• Health Care Card fees for people who hold the Australian Government Health Care Card. You must provide a
copy of your card with your application
To nd out if you need to pay an application fee and how much it costs, visit the fees page at www.vcat.vic.gov.au/fees
FEE RELIEF
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 nancial hardship.
Visit www.vcat.vic.gov.au for more information about fee relief.
Are you applying for fee relief?
No – complete Fee payment section
Yes – complete Fee relief form and attach it to this application form
FEE PAYMENT
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: ________________________________
CARD DETAILS
Cards accepted:
VISA MasterCard
Cardholder name:
Card number:
Card expiry: mm /
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APPLICATION TO THE BUILDING AND PROPERTY LIST (BUILDING) (Department of Infrastructure, Transport, Cities and Regional Development)

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Completed 25 April 2021

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