Lack of VCAT resourcing no longer grounds for resisting a stay
The state of VCAT’s resourcing has changed since 2021 and can no longer be relied on as a basis to resist a stay under s 57 of the Domestic Building Contracts Act 1995 (Vic).
The Commercial Bar Association of Victoria Inc. A0120851O
The state of VCAT’s resourcing has changed since 2021 and can no longer be relied on as a basis to resist a stay under s 57 of the Domestic Building Contracts Act 1995 (Vic).
With most of the usual factors being relatively equal; a practitioner’s track record of cooperation, resolution of issues through negotiation and compliance with CPA obligations in group proceedings becomes the material factor in determining competing carriage applications.
Court determination of competing carriage and GCO applications – importance of legal practitioner class action experience and GCO proposal – importance of detailed expert evidence regarding financial capacity to conduct litigation and meet costs orders