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Articles

Can a limitation period be extended for federal matters where VCAT lacks jurisdiction?

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By Nikki Miller, Isobel Carmody, Morsaal Aimaq
| Lexology Verified
Thurin v Krongold Constructions (Aust) Pty Ltd [2024] VSC 42 Key takeout The Supreme Court of Victoria has confirmed that it has the power to extend limitation periods for commencement of proceedings (including building actions) where a proceeding initially commenced in VCAT has been struck out due to VCAT’s inability to resolve controversies involving federal subject matter. This follows amendments made in October 2023 to the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act).
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Student accommodation is exempt from the Domestic Building Contracts Act in Victoria

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By Nikki Miller, Isobel Carmody, Morsaal Aimaq
| Lexology Verified
Centurion Australia Investments Pty Ltd v APM Group (Aust) Pty Ltd [2023] VSCA 324 Key takeout The Victorian Court of Appeal has confirmed that construction works for student accommodation are exempt from the operation of the Domestic Building Contracts Act 1995 (Vic) (DBCA), even if the building is not located within the relevant educational institution.
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VACT’s jurisdiction on federal laws clarified

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By Jeanette Barbaro, Isobel Carmody, Morsaal Aimaq
| Lexology Verified
Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226 Key takeout The Supreme Court of Victoria has confirmed that the Victorian Civil and Administrative Tribunal (VCAT) does not have jurisdiction to hear and decide matters arising under Commonwealth laws as these are matters in federal jurisdiction.
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