How Long Do Tribunal Building Disputes Take in Australia?

One of the first questions homeowners ask when facing a building dispute is: "How long will this take?" The honest answer is that it depends on many factors, but most building disputes at Australian tribunals take somewhere between three and twelve months from the initial filing to a final decision. Complex cases can take longer, sometimes stretching beyond 18 months.

Understanding the typical timeframes and what drives them helps you set realistic expectations, plan your preparation, and make decisions that can reduce unnecessary delays. This guide breaks down the process into stages, compares timeframes across NCAT, VCAT, and QCAT, identifies the factors that cause disputes to drag on, and provides practical tips for moving your matter along as efficiently as possible.

Typical Overall Timeframes

Before diving into the detail, here is a high-level overview of what most homeowners can expect.

These ranges are approximate and represent the total time from filing the application to receiving a final decision. Many disputes settle at mediation or conciliation before reaching a hearing, which can significantly shorten the overall timeframe.

Stages of a Tribunal Building Dispute

A building dispute at an Australian tribunal typically moves through several stages. Understanding each stage and its typical duration helps you see where the time goes and where delays are most likely to occur.

Stage 1: Pre-Filing Preparation

Typical duration: 2 to 8 weeks

Before you file an application, you need to gather your evidence, engage an expert witness, and attempt to resolve the dispute directly with the builder. In Victoria, you also need to go through DBDRV conciliation before you can file at VCAT. This pre-filing stage is not part of the tribunal process itself, but it adds to the total time.

Getting an expert witness report during this stage is strongly recommended. Expert reports typically take two to six weeks to prepare, so commissioning one early ensures it is ready when you need it. Waiting until after filing to engage an expert often leads to delays later in the process.

Stage 2: Filing and Initial Response

Typical duration: 2 to 4 weeks

Once you file your application, the tribunal serves it on the respondent (the builder) and allows them time to file a response. This typically takes two to four weeks. During this stage, the tribunal may also schedule an initial directions hearing.

Stage 3: Directions Hearing

Typical duration: Held 2 to 6 weeks after filing

The directions hearing is a short preliminary hearing where the tribunal member sets the timetable for the case. This includes deadlines for exchanging evidence, filing expert reports, and any other steps that need to happen before the hearing. The tribunal may also refer the matter to mediation or conciliation at this stage.

This is a critical moment. The deadlines set at the directions hearing will shape the rest of your case. If you have not yet engaged an expert witness, you may need to request additional time, which delays the process for everyone.

Stage 4: Mediation or Conciliation

Typical duration: 2 to 8 weeks after directions

Most tribunals encourage or require mediation or conciliation before a hearing. At NCAT, the tribunal may schedule mediation facilitated by a tribunal mediator. At VCAT, a compulsory conference with a VCAT member may be scheduled. In Victoria, DBDRV conciliation should have already occurred before filing.

Mediation and conciliation are the stages where many building disputes are resolved. If both parties approach the process in good faith and have strong evidence (including expert reports), settlement is often achievable. A dispute that settles at mediation can be resolved in as little as two to four months from the date of filing.

Stage 5: Evidence Preparation and Exchange

Typical duration: 4 to 12 weeks

After directions are set, both parties prepare and exchange their evidence. This includes expert witness reports, photographs, documents, and witness statements. This stage takes time because expert reports need to be prepared, and both parties need time to review each other's evidence and respond.

If the tribunal directs the experts to confer and produce a joint report (more common at VCAT), this adds additional time but can narrow the issues in dispute and save time at the hearing.

Stage 6: The Hearing

Typical duration: 1 to 5 days

The hearing is where both parties present their evidence to the tribunal member, who then makes a decision. Simple disputes with a single defect or a small number of issues may be heard in half a day or a single day. Complex disputes involving multiple defects, competing expert evidence, and extensive cross-examination can run for several days.

The availability of hearing dates at the tribunal can also affect timing. If the tribunal is busy, you may need to wait several weeks or even months for a hearing date after all evidence has been exchanged.

Stage 7: Decision

Typical duration: 2 to 8 weeks after the hearing

The tribunal member may give their decision on the day of the hearing (for simple matters) or reserve their decision and deliver it in writing at a later date. Reserved decisions typically take two to eight weeks, though complex matters can take longer.

Timeframes by Tribunal

Each state tribunal has its own workload and processes, which affect how long disputes take.

NCAT (New South Wales)

NCAT is one of the busiest tribunals in Australia. Building disputes in the Consumer and Commercial Division generally move through the process in three to twelve months for most matters. NCAT has made efforts to reduce waiting times through active case management and early mediation, but delays can still occur, particularly for complex cases.

VCAT (Victoria)

VCAT has experienced significant backlogs in its Building and Property List in recent years. The mandatory DBDRV conciliation step adds four to eight weeks before you can even file. Once filed, building disputes at VCAT typically take four to eighteen months or longer. Complex matters involving multiple defects and extensive expert evidence have been known to take well over 18 months in some cases.

QCAT (Queensland)

QCAT handles building disputes in Queensland. Timeframes are generally in the range of three to twelve months for most matters. QCAT has a somewhat smaller caseload than NCAT and VCAT, which can mean shorter waiting times for hearing dates in some regions.

Factors That Affect Duration

Several factors can lengthen or shorten the time it takes to resolve a building dispute at a tribunal. Understanding these factors helps you identify areas where you can influence the timeline.

Factors That Increase Duration

• Complexity of the defects. Disputes involving many defects, structural issues, or specialist testing take longer because the expert reports are more extensive and the hearing requires more time.
• Multiple parties. If the dispute involves the builder, subcontractors, architects, or other parties, coordination becomes more difficult and the process takes longer.
• Adjournments. Requests by either party to postpone hearings or extend deadlines add time. Adjournments are sometimes unavoidable but are a common source of delay.
• Late engagement of experts. If you wait until after filing to engage an expert witness, you may need to request extensions for evidence deadlines, which delays the entire process.
• Tribunal backlog. The tribunal's current workload and available hearing dates directly affect how quickly your matter can be heard.
• Uncooperative parties. If the other party fails to file evidence on time, does not attend hearings, or is generally uncooperative, the process is slowed.

Factors That Reduce Duration

• Early expert engagement. Commissioning an expert witness report before filing means your evidence is ready when the tribunal sets deadlines.
• Good preparation. Having all documents organised and available reduces the need for extensions and adjournments.
• Willingness to settle. Approaching mediation or conciliation with a genuine desire to resolve the matter can end the dispute months earlier than a hearing.
• Focused claims. Keeping your claim focused on the most significant defects rather than listing every minor issue streamlines the process.
• Compliance with directions. Meeting every deadline set by the tribunal keeps the matter on track.

Tips for Faster Resolution

Based on patterns we see across building disputes, the following practical steps can help you achieve a faster resolution.

1. Engage your expert witness early.

This is the single most impactful step you can take. Expert witness reports take time to prepare, and they are almost always required for a building dispute hearing. If your report is ready before you file, you are already ahead of the typical timeline.

2. Be organised from day one.

Collect and organise all relevant documents, including your contract, correspondence, photographs, and payment records, before you file your application. This saves time during the evidence preparation stage.

3. Take mediation seriously.

Many homeowners view mediation as a formality to get through before the "real" hearing. In reality, mediation is the fastest path to resolution. Come prepared with your evidence, know your bottom line, and be willing to negotiate. Settling at mediation can resolve your dispute in a matter of months rather than a year or more.

4. Avoid unnecessary adjournments.

Every adjournment adds weeks or months to the process. Only request an adjournment if it is truly necessary, and object (politely) if the other party requests an adjournment without good reason.

5. Respond to the tribunal promptly.

When the tribunal requests information or sets deadlines, respond as quickly as possible. Delays in your own responses contribute to the overall duration of the matter.

6. Focus on the significant issues.

Including every minor cosmetic defect alongside serious structural issues dilutes your case and adds to the time needed for expert reports, evidence exchange, and the hearing itself. Focus on the defects that matter most.

When Settlement Is Faster Than a Hearing

In many cases, settlement offers a faster resolution than waiting for a tribunal hearing and decision. There are several points in the process where settlement discussions commonly occur:

• Before filing. Direct negotiation with the builder, supported by an expert witness report, can resolve matters before any tribunal application is filed.
• At mediation or conciliation. This is the most common point for settlement. Having strong expert evidence significantly improves your negotiating position.
• After exchange of evidence. Once both parties see each other's expert reports, the strengths and weaknesses of each position become clearer, which can prompt settlement discussions.
• At the hearing. Some disputes settle "at the door" of the tribunal on the day of the hearing, particularly when both parties have strong cases and the outcome is uncertain.

Settlement does not mean giving up. It means reaching a practical resolution that avoids the additional time, cost, and uncertainty of a hearing. A well-prepared expert witness report is often the key to achieving a fair settlement, because it provides an independent, credible assessment of the defects and their rectification costs.

The best expert witness reports do not just help you win at a hearing. They help you settle the dispute before you ever get there.

Frequently Asked Questions

For a complete overview, see our guide to expert witness reports for building disputes.