The County Court held that where it has jurisdiction to hear a domestic building dispute under the DBCA, it also has power to make orders under ss 13(3), 37(3)(b) and 38(6)(b), and that references to 'VCAT' in those provisions may be construed as references to 'VCAT or the Court'. The Court distinguished between jurisdiction (the authority to hear and determine a matter) and power (the capacity to make specific orders within that jurisdiction), finding that the Court's power under s 49 of the County Court Act 1958 provides the basis for exercising the restitutionary relief contemplated by those sections, subject to the same statutory limitations that apply to VCAT. This eliminates the need for builders to commence parallel VCAT proceedings to seek restitutionary relief for cost plus contracts or non-compliant variations when the substantive dispute is already before the County Court.
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