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.

Professional representation at VCAT

You do not have to have legal or other professional representation to appear at VCAT. In many cases in the Building and Property List Definition A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. all parties are represented by agreement. If you are represented by a legal or other professional representative, we will only communicate with them. Read more about professional representation at VCAT.

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.

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. Learn more about applying for confidentiality.

If you need assistance at VCAT (including interpreters, hearing loop, video or telephone links or family violence support) please tell us as early as possible so we can support you. Learn more about customer support at VCAT.

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