we have asked VCAT to strike out an application on the basis…

we have asked VCAT to strike out an application on the basis that they didn't have jurisdiction - the claimant is a commercial builder, who carried out the supply and installation of walls, plastering, doors and hardware, joinery including cutting benches counter, colour mixing and wash area benches and staff kitchen - the work therefore is classified as shopfitting which is commercial work under the VBA (commercial builder CB-L)
we said - The act confers jurisdiction on VCAT.. but only in relation to Domestic Building Work...
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 6
Building work to which this Act does not apply
This Act does not apply to the following work—
(a) any work that the regulations state is not building work to which this Act applies;
(b) any work in relation to a farm building or proposed farm building (other than a home);
(c) any work in relation to a building intended to be used only for business purposes;
.....
From the VCAT website, note the following statement:
Disputes we cannot hear
Disputes that relate to commercial building work.
VCAT adjourned the matter for further directions but indicated, by commenting, that they thought I was wrong
can you please advise, what jurisdiction they have to hear a case for payment of monies on a project which the work was and is classified as commercial building work by the Victorian Building Authority who are the holders of the registration requirements for all commercial and domestic builders
it doesn't make sense - since their own website says clearly, Disputes we cannot hear
Disputes that relate to commercial building work.
so im very confused - I got the feeling that the member was simply being difficult
what jurisdiction do they have, what case laws can be brought to bear to assist the argument that they have no jurisdiction - as they seem to suggest they have, but hadn't ruled on it and left it up to me to decide if I was going to reapply for the strike out