MMP 121: VCAT Procedures and Regulations in Property Law Cases

This report provides a detailed overview of the Victorian Civil and Administrative Tribunal (VCAT), established in 1998 to handle civil and administrative cases in Victoria, Australia. It discusses the procedure for making an application to the Tribunal, including the necessary forms and fees, and ou...Read More

Running head: PROPERTY LAW AND PRACTICE
Property law and practice
Name of the Student
Name of the University
Author Note

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PROPERTY LAW AND PRACTICE
Table of Contents
Introduction................................................................................................................................2
Discussion..................................................................................................................................2
Procedure for application.......................................................................................................2
Cost of application.................................................................................................................3
Functions of VCAT................................................................................................................3
Matter of representation.........................................................................................................3
Jurisdiction of VCAT.............................................................................................................4
Addition of parties..................................................................................................................4
Alternative Dispute Resolution avenues................................................................................4
Use of electronic device in hearing........................................................................................4
Compulsion to give evidence.................................................................................................5
Effect of false evidence..........................................................................................................5
Permission for witness to give evidence................................................................................5
Serving of documents by a corporation.................................................................................5
Conclusion..................................................................................................................................5
Recommendation........................................................................................................................6
References..................................................................................................................................7

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Introduction
VCAT was established in the year 1998 in the State of Victoria, Australia. It was
formed by the Victorian Civil and Administrative Tribunal Act 1998 (VCAT Act), and hears
and decides the civil and administrative cases (Bartley 2014). Being the creature of a statute,
it has no inherent jurisdiction or powers. It acts according the powers and jurisdiction
conferred upon it by the Parliament. It has four divisions, which are, Civil Division,
Administrative Division, Residential Tenancies Division and the Human Rights Division. It
determines disputes in the nature of consumer matters, legal services, domestic building
works, the applications for review of the decisions of government, matters relating to
residential tenants and landlords and matters related to equal opportunities, the Disability Act
2006, guardianship and administration.
Discussion
Procedure for application
In case of any dispute related to civil, administrative, residential tenancies and human
rights matters, an application can be made to the Tribunal. To make an application, the
VCAT Application Form must be filled out (Vcat.vic.gov.au. 2018). . The instruction
mentioned in the form must be complied with. A copy of the application must be forwarded
to the landlord, preferably by registered mail. Application fees should be paid as per it is
mentioned, except for the matters regarding bonds registered with the Residential Tenancies
Bond Authority, or private supported residential services. Application can be made by a
consumer, trader, registered business, companies, incorporated association with in 6 years
from which the dispute had arose.

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Cost of application
As per the revised fee structure of VCAT, the fees are provided specifically for
lodging an application that does not claim monetary value. In order to vacate a private
supported residential service, the fees are $63.70. The standard fees for reviewing a decision
of the Registrar of Housing is $475.40.
Functions of VCAT
VCAT is placed underneath the Magistrate Courts in the hierarchy. The main function
of VCAT is providing quick and affordable justice for any dispute arising out of a civil
matter. VCAT conducts mediations and conferences for solving a dispute. VCAT was
primarily established to reduce the pressure on the courts in Victoria. The Tribunal hears
almost 90000 cases per year. Most of the disputes are solved by mediation (Douglas and
Batagol 2014). It hears and determines disputes of more than 200 enabling provisions.
Matter of representation
VCAT does not require a party to represent them by a lawyer. It gives the permission
to a person to present their dispute before the tribunal. In most cases people represents
themselves without a professional representative or lawyer. The Tribunal acts according to
the provisions of law irrespective of the fact that whether someone represents them with the
lawyer or not. There are some situation, where the Tribunal gives automatic right to represent
to a party, which means that the permission of the Tribunal is not required to be represented
by a lawyer. If a party is not entitled to automatic representation, then a request must be
made to obtain the permission of VCAT at the final hearing, directions hearing, compulsory
conference and mediation (Legalaid.vic.gov.au. 2018).

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Jurisdiction of VCAT
Sec 40 of the VCAT Act 1998 confers original and review jurisdiction upon the
Tribunal. A person, who is applying under Section 67, or any referral made to the Tribunal
under Section 69 or, in any way permitted by the Act, can invoke original jurisdiction of the
Tribunal. A person who is entitled to request for a review of a decision can invoke the review
jurisdiction. In the decision of Burns v Corbett [2018] HCA 15, the jurisdiction of the
tribunal was made limited to determine matters where both the parties are a resident of
Victoria.
Addition of parties
Parties can be joined in a proceeding of VCAT by an application or by the Tribunal
on its own. The parties to a case can add someone as an applicant or respondent, by an
application, if it is believed that the person shall derive a benefit out of the order made by the
tribunal (Hobsonsbay.vic.gov.au. 2018). Section 60 of the Victorian Civil and Administrative
Act 1998, empowers the tribunal to order that a person be joined as a party to the proceeding
if the Tribunal decides that the party is bound by or may gain a benefit out of an order.
Alternative Dispute Resolution avenues
VCAT can refer a party to alternative dispute resolution instead of a hearing. VCAT
provides alternative dispute resolution services including mediation, compulsory conference,
fast track mediation and hearing services. A confidential meeting is held where the dispute
can be resolved with the help of a mediator or a member of VCAT (Vic.gov.au. 2018). .
Use of electronic device in hearing
It is not necessary that a hearing must be conducted in person. VCAT may allow
parties to attend a hearing by telephone, on an application by the party in certain

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circumstances. The application should be made at least 2 days before the date of appearance.
The request shall deemed to be granted if the Tribunal gives a written or oral confirmation.
Compulsion to give evidence
VCAT, in certain situation can make an order compelling a person to give evidence,
who has information relating to a matter. However, in a situation where the witness is unable
to attend the hearing, they can give a written evidence in an affidavit (Solopotias and Marti
2016).
Effect of false evidence
A person should not give present false evidence to the Tribunal knowingly
(Vcat.vic.gov.au. 2018). . It is provided it Section 136 of the VCAT Act 1998 that a person
doing so shall be imposed with Level 9 imprisonment, that is, maximum for the term of six
months or level 9 fine, which is maximum 60 penalty unit, or both.
Permission for witness to give evidence
Section 102 of the VCAT Act 1998 empowers the Tribunal to refuse to allow a party
to call a witness on such a matter, which the Tribunal considers unnecessary. If there is
sufficient evidence about a matter before the Tribunal, it may not allow any further evidence
to be given on a matter.
Serving of documents by a corporation
If any of the respondent is a corporation under the Corporation Law, Sec 140 of the
VCAT Act provides that a notice, order or document can be served to the registered office,
personally or by post or any other electronic transmission.

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Conclusion
VCAT Act regulates the Tribunal to hear a case in which the parties are residents of
Victoria. From the above discussion, it can be concluded that, the Tribunal is empowered to
act within the jurisdiction, which is vested on it by the Act.
Recommendation
Before commencing a legal proceeding in Victoria, it is recommended that the parties
should be aware of his or her rights that is provided under the Victorian Civil and
Administrative Tribunal Act 1998. Samantha is recommended to follow the rules of the Act,
as it will help her in getting a speedy and affordable justice to the matter, which is concerning
her.

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References
Bartley, W., 2014. Victorian Civil and Administrative Tribunal Amendment Act
2014. Planning News, 40(6), p.18.
Douglas, K. and Batagol, B., 2014. The role of lawyers in mediation: Insights from mediators
at Victoria's Civil and Administrative Tribunal. Monash UL Rev., 40, p.758.
Hobsonsbay.vic.gov.au. 2018. Hobsons Bay City Council - Victorian Civil & Administrative
Tribunal (VCAT). [online] Available at: http://www.hobsonsbay.vic.gov.au/Planning-
Building/Town-planning-services/Victorian-Civil-Administrative-Tribunal-VCAT [Accessed
29 Aug. 2018].
Legalaid.vic.gov.au. 2018. Going to VCAT| Victorian Legal Aid. [online] Available at:
https://www.legalaid.vic.gov.au/find-legal-answers/guardianship-and-administration-orders/
going-to-vcat [Accessed 29 Aug. 2018]
Solopotias, S. and Martin, P., 2016. An overview of VCAT cases on restrictive covenants
2005-2015: Part 1. Planning News, 42(1), p.22.
Vcat.vic.gov.au. 2018. Evidence | VCAT. [online] Available at:
https://www.vcat.vic.gov.au/steps-to-resolve-your-case/how-to-prepare-for-your-hearing/
evidence [Accessed 29 Aug. 2018].
Vcat.vic.gov.au. 2018. Home | VCAT. [online] Available at: https://www.vcat.vic.gov.au/
[Accessed 29 Aug. 2018].
Vic.gov.au. 2018. Victorian Civil and Administrative Tribunal - Courts and Tribunals |
Victorian Government. [online] Available at:
https://www.vic.gov.au/contactsandservices/directory/?

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[Accessed 29 Aug. 2018].