So you have a dispute with a neighbour; a supplier or a co-owner of a property and negotiating with them directly has reached a stand still. No one wants to waste their time or effort on going to Court, but what are the options available? Depending on the type of case, it may be possible to make an application to VCAT to resolve your issue more quickly and more cost effectively than going to Court. But which avenue is more appropriate?
Here are a list of 5 things that will help you make your decision:
1. What is VCAT?
The Victorian Civil and Administrative Tribunal is an authoritative body that aims to provide affordable and timely access to justice for Victorians. It’s widely considered to be a less formal process that can be used for certain types of legal matters in Victoria. It can also potentially be the route taken before attempting to commence court proceedings, with the objective of being the cheaper and faster way of resolving civil and administrative legal cases. Whilst you’ll typically be able to represent yourself at VCAT in certain matters, legal advice is always recommended, depending on your case.
2. What costs are involved?
You should be aware that VCAT expects each party to pay their own costs (including legal costs) unless there is a specific reason why it would be unfair to either party. The costs associated with filing an application with VCAT are significantly lower than filing in the Victorian Magistrate’s, County or Supreme Courts. Amounts vary, and standard fees can be as little as $66 for an individual in a residential tenancy claim or in some other small claims of up to $3000. For claims of $5,000,001 and over, application fees can climb to $1693. Additional fees for things such as file inspection or issuing a summons to a witness also apply, but you can find more information about that by clicking here.
3. How long will it take to resolve my matter?
The time it takes to reach an outcome through VCAT varies depending on the type of case you’re bringing. Some simple residential tenancy disputes may be resolved in under four weeks whilst other more complex matters may require multiple days of hearings and the decision may be pushed back for months or even years. Although a main objective of VCAT is to resolve matters in a more timely manner than would otherwise occur, as with most things in the world of 2020/2021, the COVID-19 pandemic has thrown a very heavy spanner into the works. There is currently a backlog of rental bond and compensation cases, with an estimated wait of several months. Upon filing an application, VCAT will provide you with an approximate wait time.
4. What does the average process look like?
Your case may vary from the standard procedure, but overall, the following is a good guide:
- Submit application and pay fees
- VCAT determine if they have legal authority to assist in your matter
- You are assigned a reference number
- VCAT send all parties a notice with next instructions
- You prepare your documents and evidence and share with all other parties
- You and your representative attend a hearing/mediation as per the notice instructions
- An outcome is determined and delivered.
5. Can I dispute the outcome determined by VCAT?
If you believe that the VCAT member made an error in applying the law to your case then you can, within 28 days of the original order, begin an appeal process. This is a far more complex procedure than going to VCAT and we recommend that you seek legal advice and/or representation should you choose to go down this path.