Professional Misconduct Complaints – Can Building Practitioners Obtain A Full Release As Part Of A VCAT Settlement?

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Building disputes often result in both VCAT proceedings and the making of a misconduct complaint to the VBA. Accordingly, the building practitioner involved may wish to include a full release from the VBA complaint in any settlement agreement for the VCAT proceeding. However, the other party to the VCAT proceeding cannot grant this full release, and any partial release is likely to be ineffective.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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