Expert Witness (Cladding) – Lacrosse (BPB)
673 La Trobe Street, Docklands VIC 3008 (2016 – 2021)
On 25 November 2014 there was a high-profile fire at the Lacrosse Apartments in the Docklands. In 2016, the Victorian Building Authority (VBA) referred three practitioners to the Building Practitioners Board (the Board) – the builder, the fire engineer and the building surveyor – for an inquiry into their conduct. The VBA also referred the architect to the Architects Registration Board.
Tony was an expert witness for Counsel assisting the inquiries. He was initially engaged by the VBA and subsequently by the Victorian Government Solicitor’s Office (VGSO).
With respect to the inquiry into the builder: Tony provided expert reports in April 2016, July 2017 and August 2017. He gave evidence at the hearing in August 2017. In March 2018, the Board found the practitioner guilty of carrying out building work that was not in accordance with the regulations. In November 2018, the builder was reprimanded and required to pay costs of $54,000. A fine was not imposed.
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With respect to the inquiry into the fire engineer: Tony provided expert reports in April 2016 and March 2018. He gave evidence at the hearing in May 2018. Tony was directed by the Board to provide a further expert report which was issued in May 2018. In November 2020, the Board found that the fire engineer had failed to act in a competent manner and to a professional standard. The practitioner had his registration suspended for six months, was fined the maximum amount of 100 penalty units and was ordered to pay costs of $50,000.
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With respect to the inquiry into the building surveyor: Tony provided expert reports in April 2016, May 2016, September 2017 and September 2021. A hearing scheduled for November 2021 but did not proceed. More than ten years after the fire, there is no public record of the outcome of the inquiry.