Steps in a proceeding

1. Commencement of proceeding

Once your notice of appeal(s), notice of referral(s) or application(s) has been served on the Building Appeals Board (BAB), the proceeding commenced by that service will be registered in the BAB's case management system and payment of the prescribed fee will be processed. You may file your notice of appeal(s), notice of referral(s) or application(s) with the registry of the BAB by emailing us at registry@buildingappeals.vic.gov.au. The completed notice of appeal(s), notice of referral(s) or application(s) form(s), payment details form and any supporting documents may be attached to this email. Any documents in support should be attached as separate documents. They should not be bundled as one pdf attachment.

2. Acknowledgment of proceeding

We will write to you and the other parties to acknowledge receipt of your proceeding. The BAB will aim to list your proceeding for a hearing within four to eight weeks from the date your proceeding commenced with the BAB.

3. Assessment

Your proceeding will be assessed by the registry of the BAB to determine if there is any further information we need for your matter to proceed.

4. Request for information

In some cases, the BAB may require further information from the parties in order to progress the matter. If applicable, we will write to you and the other parties in the matter to advise what information is required and by when. If you have made a modification or compliance assessment application(s), the BAB may refer your application(s) to relevant parties to request their comments.

5. Conduct of proceeding

There are three principal ways that a proceeding is managed, which will be determined by the nature, complexity and circumstances of each proceeding.

i. Directions hearing

A directions hearing may be listed soon after the proceeding’s commencement. The purpose of a directions hearing is to hear from the parties before making directions and orders as to the further conduct of the proceeding. Consideration may also be had to whether the parties may benefit from mediation. Directions and Orders will then be sent to the parties setting down compliance dates for the filing of documents, a mediation (if suitable) and/or a final oral hearing (if required or requested or otherwise be dealt with on the papers).

ii. Directions and Orders

Directions and Orders may be made without listing if for a directions hearing setting down compliance dates for the filing of documents and an oral hearing (if required or requested or otherwise be dealt with on the papers).

iii. Administratively managed

The proceeding is administratively managed by the registry and comments sought from all parties concerned until it is dealt with (most commonly) on the papers by the BAB.

Extending compliance dates

If you require further time to file and serve material than what the Directions and Orders provide, you should first contact the other parties to obtain their consent. You may do this by circulating to the other parties a completed Consent orders request (Consent Minute) form (DOCX, 31.11 KB) and send it to the registry email once signed by the parties. In the event that consent from all parties cannot be obtained, you can complete an Application for further orders (PDF, 486.19 KB) and email it to registry@buildingappeals.vic.gov.au. If you are seeking orders to extend compliance dates please ensure you include the reason/s for the extension and how long you require the extension for. Please also ensure you copy in all other parties to the proceeding when emailing any request to the BAB. Please do not assume your request has been approved upon submitting your request. You will be notified of the outcome once your request has been considered by the BAB.

6. Oral submissions at a hearing

A hearing allows all parties an opportunity to make oral submissions, to give and hear evidence and to ask questions of you and your witnesses (if any). A panel of BAB members will preside over the hearing and listen to the submissions and evidence. Depending on the complexities of the proceeding, in some cases, you may need to attend more than one hearing. Please note hearings are typically conducted remotely via audio-visual conferencing technology. If a party is unable to attend remotely via audio-visual conferencing technology, a request for a physical hearing to be convened in a hearing room located in Melbourne may be made in writing by emailing us at registry@buildingappeals.vic.gov.au.

7. Written submission where there is no hearing (on the papers)

Subject to a party requesting a hearing, a proceeding may be considered and determined on the written material if the BAB considers it appropriate to do so. An on the papers listing is usually conducted in less complex proceedings.

8. Determination

After the hearing in the proceeding, the BAB will aim to make a determination having regard to all the submissions (written and/or oral) as well as any evidence from the parties within one to eight weeks after the final hearing. Please note these time frames are subject to the relative complexity of each proceeding. The BAB's determination is final and must be given effect to by the parties to the proceeding. A party to a proceeding may seek judicial review of a determination of the BAB in the Supreme Court of Victoria on a point of law.