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What You Need to Bring to VCAT

When taking a building dispute to VCAT (Victorian Civil and Administrative Tribunal), it is crucial to have the right documentation and expert support to ensure a successful case. The process involves presenting evidence to the Tribunal member, and engaging an Expert Witness is essential for providing technical clarity on the issues at hand.

Engaging an Expert Witness

To present a strong case, you will need to engage an Expert Witness—a qualified professional who will provide expert evidence in the form of:

  • A technical report: This document details the issues with the building works, including any non-compliance with the National Construction Code (NCC), Australian Standards, Project Specifications, and/or contractual obligations
  • Supporting verbal explanation: The Expert Witness will also be required to explain and clarify the contents of the report during the hearing. Their testimony will provide important context and insight into the issues, helping the Tribunal member make a well-informed decision

VCAT Compliant Reports

For your report to be effective and admissible at VCAT, it must comply with the VCAT Practice Note PNVCAT2—Expert Evidence. This practice note outlines the specific requirements for expert reports, ensuring that they:

  • Identify deficiencies: Clearly outline areas where the building works do not comply with the NCC, relevant Australian Standards, Project Specifications, or contractual obligations
  • Provide objective and clear analysis: The report should be structured and thorough, providing the Tribunal member with all the technical details needed to understand the issues involved

Key Elements of a VCAT-Compliant Expert Report

  • Key Elements of a VCAT-Compliant Expert Report : It should identify where the builder has not adhered to the agreed-upon specifications or contractual commitments, providing a clear basis for the dispute
  • Project Specification and Contractual Analysis: : It should identify where the builder has not adhered to the agreed-upon specifications or contractual commitments, providing a clear basis for the dispute
  • Clear, Objective Language: The report must be understandable and factual, free from opinions that are outside the scope of the expert’s expertise

Why It’s Important to Prepare

Having a VCAT-compliant report ensures that your case is presented in the best possible light. By engaging a trusted expert to provide detailed, technical evidence, you are significantly improving your chances of a favourable outcome.

Zenith Inspections and Building Consultants can provide expert witness services, preparing technical reports that comply with VCAT requirements and offering the expert testimony needed for your case.

Contact us today to discuss how we can assist with your VCAT case and ensure you’re fully prepared for your hearing.