You can lodge a building dispute when you have a claim under the Building Work Contractors Act
Being involved in a matter can be a complex and costly process. You should seek legal advice before lodging an originating application – Fences Act. You can also speak to the other party to try and resolve the issue.
The steps below provide general information and do not cover all scenarios nor constitute legal advice.
This claim should be in respect of a domestic building contract for an order under section:
- 36 – Return payments made to the building owner or provide payments to the building work contractors (person doing the work) for materials, building work or other services they have provided
- 37 – For determination of a dispute arising out of a building work contract to which a statutory warranty relates
- 38 – For relief where a term or condition of a domestic building work contract is harsh or unconscionable
Because this claim is a minor statutory proceeding, generally the minor civil rules and costs scale will apply and a lawyer will not be able to represent you at the trial (subject to some exceptions).
If you claim more than $12,000 or an order for work of more than $12,000, you or the respondent may choose at the first directions hearing to not have the minor civil rules apply. If an election is made for the minor civil rules to not apply, you and the respondent will be able to be represented by a lawyer at the trial and generally a higher costs scale will apply.