A Win for a Victorian Plumber: Building and Plumbing Commission Decision Stayed and Costs Awarded

In August 2025, Oldham Construction Lawyers was engaged to represent a licensed plumber facing disciplinary action by the Victorian Building and Plumbing Commission (‘BPC’). The Commission's decision arose from plumbing works undertaken in 2020.

Despite the relevant circumstances of our client’s engagement, the BPC determined that he had undertaken works for which he was not licensed. Our client had already lodged an appeal with VCAT before engaging Oldham Construction Lawyers and came to us seeking representation in the proceeding and assistance obtaining a stay of the Commission's decision until the appeal was determined. The allegations which were the subject of the decision were contested by our client.

Staying the Commission's Decision

In September 2025, Oldham Construction Lawyers successfully obtained a stay of the BPC's decision on our client's behalf. The effect of the stay is significant: it suspends the operation of the Commission's decision and any imposed penalties until VCAT reaches a final determination, or until VCAT orders otherwise. For a working plumber, this was critical — without the stay, our client would have faced the real consequences of the Commission's decision while his appeal remained unresolved. The final hearing is expected to take place later this year.

Costs Awarded Against the Commission

In addition to securing the stay, Oldham Construction Lawyers successfully argued that a costs order should be made against the Building and Plumbing Commission. In December 2025, VCAT handed down its decision on a costs application made by Oldham Construction Lawyers on behalf of our client and ordered the BPC to pay a portion of our client's legal fees. A copy of VCAT's decision can be read here.

What This Means for Builders and Tradespeople

Disciplinary action by the Building and Plumbing Commission can have serious consequences for your licence, your livelihood, and your reputation. Decisions can sometimes be made without full regard for the practical realities of how construction projects actually work — including the disputes, delays, and directions from others that tradespeople navigate every day on site.

If you are facing disciplinary action, an investigation, or a decision by the BPC it is important to get legal advice as early as possible. A stay of proceedings may be available to protect you while you challenge a decision, and in appropriate cases, costs may be recoverable.

Contact Oldham Construction Lawyers

Oldham Construction Lawyers specialises in construction and building law across Victoria, including representation in VCAT proceedings and regulatory matters affecting builders, plumbers, and other tradespeople. If you have received a notice from the Building and Plumbing Commission or are facing disciplinary action, contact our team today for practical, experienced advice.

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