Victorian Numbered Acts

BUILDING LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2016 (NO. 15 OF 2016) - SECT 8

After section 57 of the Domestic Building Contracts Act 1995 insert —

        " 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.".