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Application checklist
Before you start your application, check the information you need to give us and have the right documents ready.
1
Take your domestic building work dispute to DBDRV
If your dispute involves a home owner, and is about the carrying out of domestic building work or a domestic building contract, make sure you have taken your dispute to Domestic Building Dispute Resolution Victoria (DBDRV) before you apply to VCAT.
If you have been to DBDRV, you must have one of the following to apply to VCAT:
- a certificate of conciliation
- a rejection letter
- a confirmation of complaint letter from BACV
- a dispute resolution order
- a notice of breach of dispute resolution order.
You don’t need to go to DBDRV if you are applying for an injunction.
2
Check your certificate of conciliation
The name of the people or company on your certificate of conciliation must match the name of the applicant/s and respondent/s.
If these details don’t match, we can’t accept your application until we receive a certificate of conciliation that correctly names the people involved in the dispute. We send you an order to let you know what we need.
If the details on your certificate of conciliation are incorrect, contact DBDRV
3
Try to settle
You may want to seek legal advice and talk to your builder or contractor about how you can resolve the dispute.
You can try to resolve the dispute yourselves without going to VCAT. You can contact the other party in the dispute – or they can contact you – to try to come to an agreement (settle) before we make a decision.
You can try and resolve the dispute right up until the day of the hearing. If you do settle, you must let VCAT know.
It could save you the time and cost of legal action at VCAT.
4
Know who your dispute is with
You must provide the other parties' correct names, address and email address to avoid delays and to be able to enforce the outcome.
If your dispute is with a business or company you can find these details on the ASIC extract.
If your dispute is with a company
You must buy an ASIC Current Company Extract. It confirms you’re taking legal action against the right person and the registered address is correct. To do this:
- Watch the video: How to download an ASIC Current Company Extract
- Search the ASIC Registers
- Buy the Current Company Extract document for $9.00
- Don't get the free Summary PDF. It doesn't have the information you need.
Need help? Call ASIC on 1300 300 630.
What’s a company?
A company usually has a name ending with either 'PTY LTD' or 'LTD' and must always have an ACN or ABN.
Check an invoice and if they have an ACN they're a company.
What’s an ASIC Current Company Extract?
A document that contains details about the company (registered name, contact details) that VCAT needs to know in your case.
5
Have these documents ready
We can’t access documents from another organisation. You must include the following documents with your application:
- Your certificate of conciliation or letter of rejection from DBDRV or confirmation of complaint from BACV
OR
- Notice of breach of dispute resolution order or copy of dispute resolution order (where the contract was ended by owner or builder as part of the DBDRV process)
-
An ASIC Current Company Extract (if your dispute is with a company)
6
Have your credit card ready
You pay when you submit your application. We only accept Visa or Mastercard online.