FAQs

General

What happens after I lodge my application with the BAB?

Once the BAB has received your application and supporting documents, we will assess your application form and supporting documents to ascertain whether we need any further information from you. You are also required to provide the application and supporting documents to the other parties. We will send you an acknowledgement letter and provide you with your case number within approximately two (2) weeks from when you lodge the application.

How long does it take for a matter to be determined by the BAB?

We aim to list a matter for hearing within six (6) weeks of receiving your fully completed application. We aim to issue a written determination within approximately six (6) weeks following the date of the hearing.

These timeframes are subject to the relative complexity of the case, whether a directions hearing is required, whether extensions are required by the parties to comply with orders issued by the BAB and the availability of the parties, their representative and witnesses to attend the hearing on the date allocated by the BAB. Most matters are finalised within twelve (12) weeks from the date of receipt of a complete application.

Can I file documents with the BAB and serve on (provide the) other parties those documents at the same time by email?

Yes, the BAB accepts and prefers documents filed by email. It is a matter for the other parties whether they accept service by email. Other parties can be served by email, if available, or alternatively via post sent to the registered address listed on a current title search. If you are filing large documents by emailing us a shared access link (i.e. Dropbox, Google drive, WeTransfer, etc.) please ensure that a password is not required.

Do I need to be represented when filing an application with the BAB?

It is a matter for you if you wish to be represented. It is not a requirement to be represented if you are a party to a BAB proceeding. If you plan to be represented, please complete the Authority to Act Form (PDF, 143.87 KB) and send it to the registry email. Please ensure all parties and the BAB have the correct details of your representative for service of documents and orders.

Can I get a transcript or audio recording of a hearing?

Whilst we cannot provide a written transcript of the hearing, we may provide an audio recording (if available). You must complete the Audio Recording Request form (PDF, 101.24 KB) that includes signing a declaration and send this request to the registry email.

The request is then considered by the Chairperson of the panel who heard the proceeding. If you intend to request an audio recording, please check with the case officer that the hearing will be recorded.

Where can I find BAB determinations?

Some BAB determinations made from 2018 onwards are published on the Australasian Legal Information Institute (Austlii) website. If you require a copy of a particular determination that is not on Austlii, please put your request in writing and include the case number or property address and email it to the registry email.

Can I get clarification on a determination I have received?

We cannot interpret determinations for you. If you require assistance with understanding the determination, you may wish to seek independent legal or professional advice.

Are you able to tell me which section to apply under?

The section of the Building Act 1993 you may apply under are found in Part 10 of that Act. If you are unsure about which section to apply under, please contact the registry by telephone on 1300 421 082 or email to the registry email. Alternatively, you can contact us via LiveChat on this website.

I need an extension of time to comply with the Directions and Orders. What do I do?

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 complete Consent orders request (Consent Minute) form (DOCX, 31.11 KB) and  send it to the registry email once signed by the parties.

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 your request to the BAB.

Please do not assume your request has been approved, you will be contacted once your request has been considered by the Board.

Can I file a request for the BAB to make orders consented to by the parties?

If you would like to ask the BAB to make orders that are consented to by all the parties to the proceeding, please complete the Consent orders request (Consent Minute) form (DOCX, 31.11 KB) and send to the registry email. Please ensure you copy in all other parties to the proceeding when emailing your request to the BAB.

Will the BAB serve my application on the other parties?

No, you must send copies of your application, supporting documents, and all subsequent correspondence to any other parties you have named on your application form. The BAB is not required to do this for you.

Can the BAB search for a Register Search Statement (Title Search) for me?

No, this is a requirement you must meet when submitting your application before it can proceed. The BAB requires a Register Search Statement (Title Search) for the respective allotment which is less than three months old. This is so we can confirm the current ownership details and have the correct spelling of the name/s of the property owner/s. A Register Search Statement (Title Search) may be acquired from the Land data website.

What does determine a case ‘on the papers’ mean?

The determination of a proceeding 'on the papers' is where the BAB makes a decision on your case based on the written submissions and evidence of the parties, without the need for any party to attend an oral hearing, either in person or remotely. All parties will still have the opportunity to file submissions, supporting documents, and if appropriate, expert evidence.

What is a directions hearing?

The purpose of the directions hearing is to make directions for the future conduct of the proceeding. Although the BAB may hear and determine any legal issues raised, the substantive issues comprising the proceeding will not be heard on this day. The parties are not expected to bring witnesses as the hearing of any evidence will be listed for a later date. You can learn more about what to expect at a directions hearing by downloading Practice Note (PDF, 143.18 KB) 3 (2019) – Directions Hearings.

What is an administrative mention?

The purpose of an administrative mention is for the parties to notify the Registrar of the status of the proceeding and their recommendations for the further conduct of the proceeding. There is no requirement to attend a hearing on this date.

I would like to withdraw my application. What do I do?

If you wish to withdraw your application, you should complete the Application for leave to Withdraw Form (PDF, 157.66 KB) and send it to the registry email.

Please email your request to the BAB as early as possible to minimise costs and inconvenience and ensure you copy in all other parties to the proceeding.

Can I get a refund of my application fee?

You may request for a refund of your application fee in writing and email to the registry email. Whether you receive a refund of your lodgement fee, and what percentage of your lodgement fee is refunded, is at the discretion of the Registrar; you are not automatically entitled to a full refund.

Can I request to inspect a BAB file?

If you would like to inspect a BAB file, please complete the Application to Inspect a File  Form (PDF, 154.1 KB) and send it to the registry email.

Can I request the BAB to make further directions and orders?

You may send a request for the BAB to make further directions and orders by completing either the Consent orders request (Consent Minute) form (DOCX, 31.11 KB) if all parties consent to the orders being made or the Application for orders in the proceeding (PDF, 183.95 KB) form and then emailing the respective form to the registry email. Please ensure you copy in all other parties to the proceeding when emailing your request to the BAB.

Can I appeal a BAB determination?

Determinations made by the BAB are final and are enforceable in a court of competent jurisdiction. Determinations can only be appealed to the Supreme Court of Victoria on a point of law. For more information on how to appeal a BAB determination, please visit the Supreme Court of Victoria’s website on the Supreme Court website.

I am a member of the public (not a party to a BAB matter) and would like to attend a hearing to observe the proceedings. What should I do?

All hearings conducted are open to the public unless the BAB has ordered otherwise. To view upcoming hearing listings, please visit the Hearings and other listings page on our website. If you wish to attend a hearing, please put your request in writing and include the case number or property address and email it to the registry email. To ensure the BAB can accommodate your request, please ensure your written request is submitted to the BAB within 48 hours of the listed hearing.