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Technology Engineering and Construction (TEC) List

In order to accommodate the rapid advances of this century, the TEC List draws together under one management regime the three strands of related disputes in the areas of technology, engineering and construction. Matters to be admitted to the TEC List will include cases falling within the former definition of a “Building Case” as it applied to the former Building Cases List. This has now been significantly expanded to include matters where it is alleged, for example, that a telecommunications or computer system, electrical or mechanical component or other device or industrial process has failed, under performed, or malfunctioned, and which involves an assessment of expert evidence of a technical nature.

The objective of the TEC List is to provide for the just and efficient determination of TEC cases, by the early identification of the substantial questions in controversy and the flexible adoption of appropriate and timely procedures for the future conduct of the proceeding which are best suited to the particular case.

Please note that the TEC List replaces the Building Cases List.

Standard Operating Procedures

From time to time, the Judge in charge of the TEC List, following consultation with the TEC User Group, will issue Standard Operating Procedures ("SOP's") for use in the list.

TEC List SOP's will provide a guide to Practitioners as to standard procedures and orders which may be used in TEC List case management.  The TEC List SOP's in current use are as follows:

(These are available under Related Publications on the right)

• Standard Operating Procedure No 1 of 2009 - Appointment of Mediators, Referees and Assessors
• Standard Operating Procedure No 2 of 2009 - Procedure for Entry of Judgments and Issue of Debt Certificates pursuant to the Building and Construction Industry Security of Payment Act 2002 (Vic)
• Standard Operating Procedure No 3 of 2009 - General TEC Discovery
• Standard Operating Procedure No 4 of 2009 - Production by Electronic Transfer of Documents

 

Judge-in-Charge

The Honourable Justice Vickery

TEC List Co-ordinator

Eloise Burge

Telephone: 9603 6123

Fax: 9670 8408

Fees (to commence proceeding)

Please refer to Court Fees

Directions Dates and Times - 2011 

The Directions Hearing will be held at 10.00am

17 February 2012
16 March 2012
13 April 2012
25 May 2012
15 June 2012
17 August 2012
14 September 2012
19 October 2012
16 November 2012

Where Matters are Heard

Please check the daily list (published on this website) for courtroom location.

Where Process is Issued

Prothonotary's Office, Level 2, 436 Lonsdale Street, Melbourne, Victoria, 3000

 

Relevant Practice Notes and Guides

The following Practice Notes apply to the TEC List, and should any discrepancy or inconsistency arise, the following order of precedence shall apply to resolve the issue:

Practice Note 2 of 2009 
Practice Note No 4 of 1999 Supreme Court Divisional List
Practice Note No 2 of 2001 Building Cases
Practice Note 7 of 2006 Arbitration Business
Practice Note 1 of 2007 Guidelines for the Use of Technology in a Civil Litigation Matter
The Practice Notes, with any necessary adaptations, as may be applicable from time to time to the Commercial Court

Further Related Publications

The paper 'Security of Payment Legislation in Australia' - was presented by the Hon. Justice Vickey to the Building Dispute Practitioners Society on 12 October 2011.