Victorian Current Acts Victorian Current Acts(1) A person who is required to comply with a dispute resolution order may apply to VCAT for review of the decision to issue or amend the dispute resolution order.
(2) An application under subsection (1) must be made within 20 business days after the later of—
(a) the day on which the applicant was given a copy of the dispute resolution order or the amendment to the dispute resolution order (as the case requires); or
(b) if under the Victorian Civil and Administrative Tribunal Act 1998 the applicant requests a statement of reasons, the day on which the applicant receives that statement of reasons or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.
(3) An application under subsection (1) must be made on the ground that—
(a) the description in the dispute resolution order of the domestic building work that is defective or incomplete is incorrect; or
(b) the period specified in the dispute resolution order for carrying out the rectification or completion work is not reasonable; or
(c) a requirement in the dispute resolution order to take a specific action or to refrain from taking action is not necessary or is not reasonable.
(4) In determining an application for review of a dispute resolution order, VCAT may also make any order it considers fair in relation to the domestic building contract to which the dispute relates.
(5) Without limiting subsection (4), VCAT may do one or more of the following—
(a) vary any term of the domestic building contract (including the completion date, the contract price, a provisional sum or the amount to be paid for a prime cost item);
(b) declare that a term of the domestic building contract is, or is not, void under section 132;
(c) declare void any unjust term of the domestic building contract, or otherwise vary the domestic building contract to avoid injustice.
New s. 64 inserted by No. 15/2016 s. 9.