The Victorian Civil and Administrative Tribunal (VCAT) can hear and determine certain civil and administrative disputes in Victoria. VCAT has over 46 venues across Victoria and finalise more than 85,000 cases every year.
The types of cases that can be heard by VCAT include:
- Residential tenancy, i.e. disputes between tenants and landlords with respect to residential leases;
- Guardianship and Administration, i.e. appointment of guardians or administrators to manage personal affairs of an adult with a disability;
- Goods and Services, i.e. disputes about goods or services you bought or sold;
- Owners Corporations, i.e. fees and management disputes with owners corporations;
- Planning and Environment, including disputes with local council regarding permit applications;
- Building and Construction, i.e. disputes between a home owner and builders in relation to domestic building work or domestic building contracts;
- Retail and Commercial Leases; i.e. disputes about retail leases;
It is important to know that VCAT has exclusive jurisdiction over certain types of cases, meaning that the case must be heard and determined in VCAT and not in any other courts.
For example, domestic building disputes between a home owner and a builder or sub-contractors must be heard at VCAT. For definition of “domestic building disputes”, please speak to your lawyers.
You can commence an application in VCAT by filing an application form together with any supporting documents that may be required to VCAT. Upon the application being served upon the other party, the tribunal may arrange a mediation between the parties in an attempt to resolve the dispute. If mediation is unsuccessful, the dispute will be listed for a directions hearing and will be heard in a final hearing before a VCAT member. Each list in VCAT has a different process and you need to understand the process before commencing the application.
You are not required to engage a lawyer to represent you at VCAT hearings but we strongly recommend that you obtain legal advice before you apply to VCAT.
VCAT decisions are binding on all parties to the dispute and can be enforced after the VCAT Order is registered in the Magistrates Court of Victoria.
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