Are you a Victorian based building practitioner or property owner?

Are you a Victorian based building practitioner or property owner?

If YES, you need to understand the new domestic building laws!

Due to take shape in just under 5 months! (1 July 2026).

Why is this so significant?

For owners, this law has retrospective effect, it therefore gives an owner or an OC an opportunity to choose the regime that applies to its defect claim - just by choosing to commence before or after!

For building practitioners, there are many issues (you may even say loopholes) in this law and strict new time limits which bring opportunities and risks!

Take 20 minutes out of your day to scan through this amazing article from Brockhill & Usherwood Lawyers own Katy Gale, Senior Associate dedicated to building disputes and which considers some ground-breaking analysis that demonstrates our team are at the forefront of dealing with upcoming issues.

This considers:

1. PROPORTIONATE LIABILITY under the Wrongs Act 1958 (Vic) (see pages 3 - 7) and:

I EMPHASISE- whilst I know the mere mention of proportionate liability may may make a strata manager or building practitioner’s eyes glaze over…YOU need to understand this AND remember insolvency risk in our sector is higher than any other and our legislative regime is presenting change!

For owners corporations with defect claims YOU must consider this NOW if you have an open defect claim that has not been filed in Tribunal or Court.

2. RECTIFICATION ORDERS (see pgs 9 - 11)

The power to issue binding rectification orders. No Tribunal. No Court.

A massive change for our sector and if you are an OC, builder, plumber or consultant you need to engage with this legislation and understand what exactly the changes mean for you.

3. JURISDICTIONAL CHALLENGES and consumer outcomes (see pages 11 - 15)

Despite the presentation by government that this will enhance consumer protection - I see many issues ahead!

YOU will quickly see that there are more issues on the horizon for the Building and Plumbing Commission including potential issues around jurisdiction.

The VCAT had its jurisdiction limited by Meringnage v Interstate Enterprises. The VCAT can’t hear cases with certain interstate residents as parties and Thurin v Krongold also meant that only a Court has authority to determine federal matters - therefore, what happens to the Building and Plumbing Commission in the same circumstances under the new regime??? The BPC is surprisingly quiet on these issues.

I see constitutional issues raising their ugly head again.

If you are faced with dispute now or at the time of change REACH out to our growing team. We know building disputes and insurance inside out.

Katy Gale
Senior Associate
katy@bulawyers.com.au
0493 057 008

Blair McNamara
Principal Lawyer
blair@bulawyers.com.au
0491 611 843

Access Katy Gale’s article

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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• building disputes