Victorian Civil and Administrative Tribunal: A Comprehensive Guide

This report provides a comprehensive guide to Victorian Civil and Administrative Tribunal (VCAT) in Victoria, Australia. It covers the process of application, functions, jurisdiction, evidences, and more. The report also discusses the cost of lodging an application, representation by a lawyer, and alternative dispute resolution. It concludes with a recommendation to use VCAT to resolve disputes related to property. The report cites relevant Acts of parliament and scholarly sources.

Running head: REPORT 1
Real State
JULY 29, 2018
STUDENT DETAILS:

REPORT 2
Contents
Introduction.................................................................................................................................................3
Process of application to Victorian Civil and Administrative Tribunal.......................................................3
Can party represent by lawyer?...................................................................................................................4
Functions of Victorian Civil and Administrative Tribunal..........................................................................4
Jurisdiction of Victorian Civil and Administrative Tribunal.......................................................................4
Other parties in a proceeding of Victorian Civil and Administrative Tribunal............................................5
Provisions related to hearing by Victorian Civil and Administrative Tribunal............................................5
Provisions related to evidences....................................................................................................................6
Avenues to serve documents on corporation...............................................................................................6
Conclusion...................................................................................................................................................7
Recommendation.........................................................................................................................................7
Reference.....................................................................................................................................................8

REPORT 3
Introduction
Victorian Civil and Administrative Tribunal solves the many cases and gives the independent
dispute resolution service to the Victorians at less cost. There are four divisions of Victorian
Civil and Administrative Tribunal (VCAT) namely human rights, civil, residential tenancies and
the administrative. There are civil claim list, proprietor’s companies list and list related to
building and property in the civil department. The administrative division considers the legal
practice list, list in respect of review and regulations and related to planning and environment
list. The human right list and guardianship list are considered by the human right division. The
residential tenancies list is considered by residential tenancy list.
In this report, the provisions related to civil administrative tribunal system in Victoria is
discussed
What is a process of making application to Victorian Civil and Administrative Tribunal?
The application to resolve the dispute can be made to VCAT by customers, organizations,
dealers, registered business, trustees of trust and the incorporated association. The disputes may
relate to claims about land, suspected breaches, and acquisition of goods and supply of service.
In most of cases, application can be made within six years from the date of arising dispute. The
application can lodge by email or fax or online. In lodging the application by email or fax or
online, payment is required to make by the credit card. But if lodging personally then payment
can make by credit card, bank cheque, cash, money order or EFTPOS (Solopotias & Martin
2016, p. 22).

REPORT 4
How much does it cost to lodge application if claim is not for monetary value?
Application fee is essential to pay at the time of making application. If application fee does not
pay, then Victorian Civil and Administrative Tribunal will not consider the application. If
applicant makes the application for non-monetary claim then click box can leave blank. It is also
required to pay hearing fee for the each hearing. The amount of hearing fee depends upon the
value of claim. The applicant may apply for waiver of fee by making the application for fee relief
form (Cremean, 2001).
Does a lawyer represent the party in VCAT matters?
If someone wants to be represented by the lawyer or by other profession representation, then they
are required to take permission from the member of Victorian Civil and Administrative Tribunal
who is hearing the dispute of applicant to come on his behalf. If someone wants a lawyer or
profession representation, then it is required to mention the details in the section of application
(Billings, 2004).
What are the Functions of Victorian Civil and Administrative Tribunal?
The Victorian Civil and Administrative Tribunal has many functions to perform. The main
function of Victorian Civil and Administrative Tribunal is to give reasonable, on time and
quality access to justice in respect of civil matters. About ninety thousand cases present every
year in Victorian Civil and Administrative Tribunal. About 50,000 to 60,000 cases solve by the
way of negotiation (Harman, 2016). The other function of Victorian Civil and Administrative
Tribunal is that it decreases the pressure of court by solving the dispute (Rozen & Crieghton,
2007).

REPORT 5
What are Jurisdictions of Victorian Civil and Administrative Tribunal?
As per the some Acts of parliament, the review and regulation list of Victorian Civil and
Administrative Tribunal can hear the dispute and solve the case under the original jurisdiction
and under the review jurisdiction as well. The original jurisdiction of Victorian Civil and
Administrative Tribunal refers to the first instance decision maker as per the act (Rowley &
Taylor 2018, p. 24).
Can other parties may join proceeding of Victorian Civil and Administrative Tribunal?
If there is no other name mentioned in original VCAT application but it is believed by applicant
that they have key role in the matter, then applicant can make an application to add the name of
that person. Victorian Civil and Administrative Tribunal can also add the name of anyone if it
seems necessary. The added person or party is called as joined party or an applicant or a
respondent. The party may add only when the interest of someone may be influenced by the
consequences of dispute (Arnold 2016, p. 27). Victorian Civil and Administrative Tribunal may
add the name of other party on own motion if there are reasons to believe that interest of person
may be influenced or have the advantages of the judgment or they are required to bound by the
orders or judgments. But a respondent cannot add anyone as applicant (Sliftel, 2006).
Can VCAT refer parties to alternative dispute resolution avenues before hearing?
Alternative Dispute Resolution is a method of solving a matter which does not include formal
hearing. It can include mandatory conference or the mediation. The mediation and mandatory
conference help the persons to solve the dispute by agreement without appearing in a hearing.
Generally, the case refers to hearing if it is not possible for parties to solve the matter at
mediation or compulsory conference (O’Brien 2017, p. 25)

REPORT 6
Does hearing have to be conducted necessarily in person?
It is required to attend the hearing in a person but if hearing cannot attend in a person, then the
parties are permitted to attend the hearing by the telephone or by the video conference. If a
person cannot attend the hearing in a person then it is required to apply for permission to join
hearing through electronic mode such as telephone or video conference. It is required to make
application for electronic mode as soon as possible so that arrangements can make easily in
effective manner. Victorian Civil and Administrative Tribunal only gives permission on the basis
of reasonable grounds. The electronic modes are allowed only if the member of Victorian Civil
and Administrative Tribunal thinks that case is suitable for telephone or video conference
(Bartley 2017, p. 10).
Can other person attend VCAT hearing and give evidence?
All the hearings of Victorian Civil and Administrative Tribunal are open to public. However, the
member of Victorian Civil and Administrative Tribunal can give order to close them. In some
exceptional conditions, hearing can make privately. If any party requires the hearing to be
conducted privately, then the permission should be taken in written before conducting hearing or
in the starting of hearing (Koeing, 2015).
Can VCAT refuse a party to call witness?
Victorian Civil and Administrative Tribunal has powers to allow the witness or to refuse to call
witness by the party to give evidences. VCAT can refuse to call witness if it seems not
appropriate to call witness. If any witness does not come on his wish, then VCAT can give
summon.

REPORT 7
What are the penalties for giving false evidences?
There are also provisions related to penalty for false evidences. If anyone makes false
information or false evidence, then the person will be liable for penalty. The penalty will be of
level 9 imprisonment (maximum six months) or level 9 fine (maximum 60 penalty units) or both
(Willson, 2016).
What avenues are available to serve documents on corporation?
Victorian Civil and Administrative Tribunal considers the documents important, then it may
order to non-party or corporation to produce the documents. It makes flexible approach for the
corporations. The corporations may serve the documents to resolve disputes in Victorian Civil
and Administrative Tribunal. It hears and makes the decision for unpaid owner’s cooperation
fees. It gives the judgment for maintaining common property or for alleged breaches. It also
solves the neighborhood disputes influencing owners of units and service companies (Watson,
2006).
Conclusion
As per the above discussion, it can be concluded that in the justice system of Victoria, Victorian
Civil and Administrative is independent institution. Victorian Civil and Administrative is
responsible for resolving the disputes. It reduces the burden of court. It resolves the cases
through mediation, conferences and negotiation at very low cost. Victorian Civil and
Administrative deals with different matters but does not deal the motor vehicle accidents, fencing
matters and recovery of debt.

REPORT 8
Recommendation
It is recommended to Samantha to make application in Victorian Civil and Administrative to
resolve her dispute related to property. The issues or disputes related to property can solve easily
in Victorian Civil and Administrative at low cost in comparison of court. It deals all the matters
in respect of human rights, civil, administration and residential tenancy. It conducts mediation,
hearing programs, conference and short mediation. There is no need to go to the court after
hearing and deciding the matters.

REPORT 9
Reference
Arnold, L 2016, ‘Changes to VCAT application forms’, Planning news, vol. 42, no. 4, pp. 27.
Bartley, W 2017,’ 2016: VCAT year in review’, Planning news, vol. 27, no. 1, pp. 10.
Billings, J 2004, VCAT: Victorian Civil and Administrative Tribunal, Victorian Civil and
Administrative Tribunal, Victoria.
Cremean, D 2001, VCAT: Victorian Civil and Administrative Tribunal: retail tenancies,
Victorian Civil and Administrative Tribunal, Victoria.
Harman, G 2016, Review of the financial system external dispute resolution framework.
Koeinig, A 2015, process to make application in VCAT, Cambridge university press, Cambridge.
O’Brien, M 2017, ‘Current issues in the rented housing sector in Victoria’, Parity, vol. 30, no. 7,
pp. 25.
Rowley, S & Taylor, E 2018, ‘from the urban lab: pencil or ink? ; How covenants trump the
public interest’, Planning review, vol. 44, no. 1, pp. 24.
Rozen, P & Crieghton, B 2007, Occupational health and safety law in Victoria, Federation press,
Australia.
Sliftel, B 2006, Role of VCAT, Routledge, Oxford.
Solopotias, S & Martin, P 2016,’ an overview of VCAT cases on restrictive covenants 2005-
2015: part 1’, Planning News, vol. 42, no. 1, pp. 22.

REPORT 10
Watson, V 2006, Dialouges in urban and regional planning, Routledge, Oxford.
Willson, N 2016, Disputes in VCAT, Oxford university press, Oxford.