57A Certain actions not to proceed in a court without S. 57A certificate of conciliation or leave inserted by No. 15/2016 s. 8. (1) A party to a domestic building work dispute may not commence an action in a court arising wholly or predominantly from the dispute unless— (a) the chief dispute resolution officer has issued a certificate of conciliation to the party certifying that the dispute— (i) was not suitable for conciliation; or (ii) was not resolved by conciliation; or (b) the party has been granted leave by the court to bring the proceedings. (2) This section does not apply to proceedings for an order in the nature of an injunction. S. 58 58 VCAT may hear disputes while contract still in (Heading) operation inserted by No. 15/2016 VCAT may make an order to resolve a domestic s. 10(5). building dispute even though the domestic S. 58 amended by building contract under which the dispute arises is No. 15/2016 still in operation. s. 10(2). S. 59 59 VCAT may hear dispute regardless of related (Heading) criminal proceedings inserted by No. 15/2016 If a domestic building dispute involves the failure, s. 10(6). or the alleged failure, of a builder to comply with S. 59 this Act or any other Act (or any regulations made amended by No. 15/2016 under this Act or any other Act), VCAT may s. 10(1). make an order to resolve the dispute even though the builder— (a) has not been charged with the offence; or (b) has been charged with the offence, but has not had the charge heard; or
S. 57A inserted by No. 15/2016 s. 8. 57A Certain actions not to proceed in a court without certificate of conciliation or leave (1) A party to a domestic building work dispute may not commence an action in a court arising wholly or predominantly from the dispute unless— (a) the chief dispute resolution officer has issued a certificate of conciliation to the party certifying that the dispute— (i) was not suitable for conciliation; or (ii) was not resolved by conciliation; or (b) the party has been granted leave by the court to bring the proceedings. (2) This section does not apply to proceedings for an order in the nature of an injunction. S. 58 (Heading) inserted by No. 15/2016 s. 10(5). S. 58 amended by No. 15/2016 s. 10(2). 58 VCAT may hear disputes while contract still in operation VCAT may make an order to resolve a domestic building dispute even though the domestic building contract under which the dispute arises is still in operation. S. 59 (Heading) inserted by No. 15/2016 s. 10(6). S. 59 amended by No. 15/2016 s. 10(1). 59 VCAT may hear dispute regardless of related criminal proceedings If a domestic building dispute involves the failure, or the alleged failure, of a builder to comply with this Act or any other Act (or any regulations made under this Act or any other Act), VCAT may make an order to resolve the dispute even though the builder— (a) has not been charged with the offence; or (b) has been charged with the offence, but has not had the charge heard; or
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