Dawn v Carlisle Homes Pty Ltd

[2025] VSCA 58

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Building Contracts
2. › Domestic building contracts
3. › Disputes between builder and building owner
4. › Completion of building works
5. › Final claim and final payment
6. › Settlement damages for delay
7. › Whether building works completed by end of November 2019
8. › Whether fresh notice of completion required after belated completion
9. › Domestic Building Contracts Act 1995 (Vic), ss 11, 40, 42
1. Constitutional Law (Cth)
2. › Jurisdiction of State tribunals
3. › Diversity jurisdiction
4. › Whether dispute between corporation and natural person is dispute between residents of different States
5. › Constitution, s 75(iv)
1. Constitutional Law (Cth)
2. › Jurisdiction of State tribunals
3. › Federal jurisdiction
4. › Whether claims under Australian Consumer Law as applied by State law raise matter under law of Commonwealth
5. › Whether claim genuinely raised and legally coherent
6. › Constitution, s 76(ii)
7. › Australian Consumer Law and Fair Trading Act 2012 (Vic), s 8(1)
1. Practice and Procedure
2. › Adjournment
3. › Application for adjournment on day before hearing
4. › Self-represented litigant engaging lawyers at last moment
5. › Whether prejudice to applicant
6. › Relevance of mental health of applicant
7. › Prejudice to respondent and administration of justice
8. › Civil Procedure Act 2010 (Vic), s 7

Quick Take

Section 75(iv) of the Constitution does not apply to disputes between a corporation and a natural person, and imprecise, late references to the Australian Consumer Law in VCAT proceedings do not constitute a claim under a law of the Commonwealth sufficient to oust VCAT's jurisdiction.