Victorian Civil & Administrative Tribunal (VCAT)
The Victorian Civil and Administrative Tribunal (VCAT) is a tribunal with the power to make determinations in relation to a number of different types of disputes. The matters dealt with by VCAT are classed according to a number of different 'lists'. Listed below are the dispute types in which legal representation is allowed.
The VCAT process begins with an application to the relevant list. The next step in settling a dispute often involves the parties attending mediation (detailed information on the mediation process can be found at the following link - Mediation).
If a dispute is unable to be resolved at mediation the next step will be for the parties to attend a directions hearing or a compulsory conference, depending on the case. A hearing gives the parties the opportunity to call or give evidence, ask questions of witnesses and make submissions. Following a hearing a member of VCAT will either give a decision on the spot or will write a decision and deliver it after the hearing.
Legal representation is not permitted in all matters. Whether representation is allowed depends on the size and nature of the matter and the VCAT list the matter relates to. We are able to assist you in preparing your application for hearing and where appropriate we can represent you. Examples of matters dealt with by VCAT are:
Civil Disputes - Small Claims
This area relates to disputes about the supply of goods or services, claims which come under the Fair Trading Act 1999 are considered in this area and may include debts, motor vehicle purchase, and claims regarding household goods. Claims to VCAT under the Fair Trading Act must be made within 6 years of the dispute.
Claims may also be made in this area which relate to the Motor Car Traders Act 1986. This act covers disputes regarding the purchase of used cars where the value does not exceed $40,000. Claims to VCAT under the Motor Car Traders Act must be made within 3 months of the dispute. 
There is no limit to the amount which may be claimed in this area, no order for costs will be made for claims which are under $10,000. Where claims exceed this amount generally the parties will cover their own costs.
Domestic Building Works
This area of VCAT relates to disputes between home owners, builders, insurers, architects and other relevant building bodies.
The types of claims considered in this section include:
• Domestic Building disputes;
• Disputes relating to insurance claims on domestic building works;
• Matters under the House Contracts Guarantee Act 1987;
• Injunctions sought concerning domestic building works.
Domestic Building Work is defined in the Domestic Building Contracts Act 1995 as including the following:
• Erection and construction of buildings;
• Renovation, alteration, extension, improvement or repair;
• Landscaping, driveways, fencing, garages, swimming pools etc;
• Demolition or removal;
• Work associated with land which is zoned for residential purposes under planning scheme where a building permit is required;
• Site work for the above works;
• Preparation of plans for the above works;
• Work that the regulations state is building works.
VCAT recommend that legal advice be obtained for disputes in this area, and we are able to assist you in your claim.
Real Property
The type of Real Property disputes which are considered by this area of VCAT include:
• Disputes regarding estate agent commission or disbursements;
• Acquisition and removal of easements;
• Owners Corporation Disputes;
• Sale or Division of co-owned land or goods;
• Civil liability arising from various causes regarding the taking, use or flow of water;
• Liability of licensees arising out of the flow of water.
Retail Tenancies
Unless you are seeking to apply for an urgent injunction to stop someone from doing something or acting in a particular way in relation to a retail tenancy, VCAT recommend that a dispute in this area first be addressed to the Small Business Commissioner.
For Retail Lease Disputes where the claim is under $15,000 the small claims procedure will be adopted which means that the matter must first be taken to mediation. Claims between $15,000 and $100,000 will also initially be taken to mediation. Where the claim is for an amount exceeding $100,000 the matter will commence with a preliminary hearing.
Guardianship Orders
Guardianship is the appointment of a person (guardian) to make decisions for an adult with a disability. For more information on applying for Guardianship Orders through VCAT please follow the following link: Guardianship Orders
We are able to assist you in various VCAT matters where legal representation is allowed. Please contact us for further information in this area.
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