Most building disputes do not go to court — they go to your state's tribunal, and almost all of them make you try a regulator or conciliation step first. Here is the pre-condition, the money limits, and how the first listing works in each state.
The golden rule: there is usually a step before the tribunal
You generally cannot walk straight in — most states require a regulator complaint or conciliation first:
- NSW (NCAT): refer to NSW Fair Trading for complaint/conciliation first — NCAT will not accept the case until that has been tried.
- VIC (VCAT): DBDRV (the free conciliation service) is a mandatory pre-step; you attach the Conciliation Certificate to the VCAT application.
- QLD (QCAT): QBCC dispute resolution first — give at least 14 days' written notice, complain to the QBCC, and let it inspect or conciliate.
The money limits and how it runs
- NCAT (NSW): residential building up to ~$500,000, within the warranty windows (6yr major / 2yr other). First listing for conciliation about 8 weeks after lodgement; a Member directs conciliation, then consent orders or a contested hearing.
- VCAT (VIC): the Building & Property List — effectively uncapped for domestic building (large or complex matters go to higher courts). Application → directions hearing → expert reports → mediation → final hearing, over several months to a year or more.
- QCAT (QLD): domestic building has no monetary limit; commercial up to $50,000 as of right (higher only if all parties consent). The respondent has 14 days to respond or risk a default decision.
- SACAT (SA) / SAT (WA): residential and building disputes under the state building legislation — application → directions/conciliation → hearing → orders.
What a tribunal can order
Payment and damages, rectification, completion, restitution, declarations, costs, and interim or urgent orders.
Why it is the tradie's forum too
Tribunals are built for self-representation, charge low fees (indexed each 1 July) and resolve faster than a court. You might be the applicant (chasing payment) or the respondent (defending a defect claim) — either way, turn up with your evidence: the contract, variations in writing, photos, and records. And for a straight unpaid construction debt, remember SOP adjudication is often faster still — see Security of Payment Explained.
Common mistakes
- Filing at the tribunal before the regulator/conciliation step — it gets sent back.
- Missing the statutory warranty time limit.
- Turning up without records — the party with the paper trail usually wins.
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