Application for an injunction - building cases

If you have a dispute about building work and need to urgently stop a party Definition A person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. from doing something or make a party do something then you can apply for an injunction Definition An order that stops a party from doing something, or makes a party do something. .

Sometimes we will order someone to stop doing something temporarily, which is called an interim injunction Definition VCAT makes an interim injunction when there isn’t enough time to tell other parties about an injunction application. During a hearing, we will decide whether the injunction will continue. . We make an interim injunction when there isn’t enough time to tell other parties about an injunction application. During a hearing Definition The time and place at which VCAT hears the parties argue their case and makes a decision. , we will decide whether the injunction will continue.

You will need to explain why your matter is urgent and requires an injunction.

As well as an injunction, the application form allows you to seek other orders you want VCAT to make, including an order to make payment.

If one of the parties to the dispute is a home owner, you do not need to go to Domestic Building Dispute Resolution Victoria (DBDRV) before you can apply for an injunction.

Remember your reference number

VCAT gives you a reference number for your case. Use this number whenever you call or write to us or the other people involved in the case.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this case

Victorian Civil and Administrative Tribunal Act 1998

Domestic Building Contracts Act 1995

Australian Consumer Law and Fair Trading Act 2012

Building Act 1993

Domestic Building Contracts Regulations 2007