Radojevic v JDA Design Group Pty Ltd & Anor (No 2)

In the case of Radojevic v JDA Design Group Pty Ltd & Anor (No 2), the applicants were the owners of a building, and the respondents were the architect and the builder engaged in the construction of the building. The applicants sought damages in the Magistrates’ Court for defects in the building, and the respondents filed a counterclaim for unpaid fees. The applicants applied for a stay of the proceedings in the Magistrates’ Court, arguing that the Victorian Civil and Administrative Tribunal (VCAT) had jurisdiction to determine the domestic building dispute. The applicants contended that the Magistrates’ Court had made a jurisdictional error by failing to recognise that VCAT had exclusive jurisdiction to determine the dispute, and that there was an error of law on the face of the record. The applicants sought judicial review remedies.

The court considered whether the Magistrates’ Court had made a jurisdictional error and whether there was an error of law on the face of the record. The court held that the Domestic Building Contracts Act 1995 provided for the exclusive jurisdiction of VCAT to determine domestic building disputes, and that the use of the word ‘must’ in the Act was imperative. However, the court found that the applicants had not demonstrated that the Magistrates’ Court had made a jurisdictional error or that there was an error of law on the face of the record. The court also considered whether to exercise its discretion to refuse judicial review remedies, and held that it was not appropriate to do so in this case.

The court dismissed the applicants’ application for a stay of the Magistrates’ Court proceedings and held that there was no jurisdictional error or error of law on the face of the record. The court did not exercise its discretion to refuse judicial review remedies. The case serves as a reminder of the importance of understanding the jurisdiction of different tribunals and courts, and the need to carefully consider jurisdictional issues when bringing a legal claim.