275 429
top of page

Scott Schedule

What is a Scott Schedule

You’re in a Building Dispute in Melbourne and have been advised your matter requires a Scott Schedule, but you’re not sure what it is?

Put simply, it’s primarily a ‘Costings Document’ for dispute items of works being claimed and organise complex technical information in plain readable format:

​

These might include:

  • Rectification of Defective Works

  • Incomplete Works

  • Faulty or Poor Workmanship

  • Non-Compliant Work Rectification Works

And usually are accompanied by the Independent Inspector’s Building Report

Lawyers examining the Scott Schedule

Scott Schedule Format Key Elements – In More Detail

​

A VCAT-compliant Scott Schedule is a structured document used in legal proceedings, particularly in the Victorian Civil and Administrative Tribunal (VCAT) in Australia. It is designed to streamline the process of presenting and resolving disputes by clearly outlining the claims, responses, and evidence from both parties involved.

​

  • Claimant's Claims: (Points of Claim) This section lists all the claims made by the claimant, including the specific issues or defects they are raising. Each claim is usually numbered for easy reference.

​​

  • Respondent's Responses: For each claim made by the claimant, the respondent provides a detailed response. This includes whether they admit or deny the claim and any explanations or defences they have.

​​

  • Evidence: Both parties provide evidence to support their claims and responses. This can include documents, photographs, expert reports, and witness statements. The evidence is usually referenced by the corresponding claim or response number. Costings for each item being claimed are listed separately.

​​

  • Agreed Facts: This section lists any facts that both parties agree on. This helps to narrow down the issues that need to be resolved by the tribunal, reducing the time and expense in the legal setting.

​​

  • Disputed Facts: This section outlines the facts that are in dispute and need to be resolved by the tribunal.

​​

  • Remedies Sought: The claimant specifies the remedies they are seeking, such as compensation or specific performance. Each remedy is detailed individually in the Independent Inspector’s Building report, combined with supporting evidence to the claim. The respondent may also outline any counterclaims or alternative remedies they propose.

​​

  • Tribunal's Directions: The tribunal may provide specific directions or orders regarding the preparation and submission of the Scott Schedule, including deadlines and procedural requirements.​

ConsulTec provides well-prepared Scott Schedule helps to clarify the issues in dispute, facilitates efficient case management, and assists the tribunal in making informed decisions. It is an essential tool for ensuring that the legal process is fair, transparent, and organized.

Scott Schedule Coverpage

Format of the Scott Schedule:

Includes sequential identification number for each item claimed corresponding to the same item number in the Building Report (and where applicable, the VCAT claim number)

  • Item: A description of the alleged defect or issue.

  • Description: More details about the defect.

  • Applicant's Position: The owner's view on the item.

  • Respondent's Reply: The builder's response.

  • Expert Opinion: The opinion of the experts for both parties.

  • Estimated Cost: The estimated cost of rectification for both the applicant and the respondent.

  • Decision Maker's Comment/Determination: A space for the Tribunal Member's comments or decision.

Benefitting All Stakeholders:

  • Clarifies disputes: It helps all parties, especially the VCAT Member, understand the technical issues and costs involved. 

  • Aids expert conferencing:  A draft Scott Schedule is often provided to experts before they meet in a "conclave" to discuss the issues, helping them identify areas of agreement and disagreement. 

  • Evidence for the Tribunal: The final Scott Schedule, often a joint expert report, becomes evidence in the case, assisting the Member in making their determination. 

 

ConsulTec provides clear and concise Scott Schedules and Independent Building Reports supporting Our Client’s to:

Negotiate and acceptable outcome to their dispute and avoid the time and expense of escalation to Legal Action (Meditation)

Or

Successfully navigate and make presentation of the case to Court or Tribunal, where the ‘Member’ or other makes his/her determination of the matter.

 

In either of the above scenarios, the importance of well prepared and accurate Reports and Schedules is highlighted.

Call Peter today 0418 570 079 to discuss more on Scott Schedules obligation free.

Home Owner Support - Know your rights

bottom of page