Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 2 PART 2—NEW BUILDING AND PROPERTY LIST AMENDMENTS 3 5 Lists 3 6 Information in relation to respondents to accompany certain applications 3 7 Part 4 of Order 6 and related Form 7 revoked 3 8 Part 6 of Order 6 and related Form 8 revoked 3 9 Part 8 of Order 6 and related Form 11 revoked 4 10 Planning and Environment List 4 11 Review and Regulation List 4 12 New clause 7 of Schedule 1 inserted 4 7 Building and Property List 4 13 Domestic Building List, Real Property List and Retail Tenancies List revoked 5 PART 3—AMENDMENTS RELATING TO FORMS AND ALLOCATION OF ENACTMENTS TO REVIEW AND REGULATION LIST 6 14 Rule 4.03 substituted 6 4.03 Form of application or referral 6 15 Rule 4.04 revoked 6 16 Applications to the planning and environment list 6 17 Form of application 6 18 Notifications 6 19 Interlocutory applications 6 20 Rules 7.05 and 7.08 revoked 6 -- 1 of 12 -- Rule Page ii Authorised by the Chief Parliamentary Counsel 21 Allocation of jurisdiction—Review and Regulation List 7 22 Redundant forms revoked 7 PART 4—MISCELLANEOUS AMENDMENTS 8 23 Rule 6.10 substituted 8 6.10 Documents to accompany an application 8 24 Allocation of jurisdiction under Road Safety Act 1986 to Review and Regulation List 8 ═══════════════ ENDNOTES 10 -- 2 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 35/2014 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008— (a) to provide for a new Building and Property List in the Civil Division of the Tribunal; and (b) to make other miscellaneous amendments to Lists and general procedure. 2 Authorising provisions These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers. 3 Commencement (1) These Rules, except Parts 2 and 3, come into operation on 19 May 2014. (2) Parts 2 and 3 come into operation on 1 July 2014. -- 3 of 12 -- Part 1—Preliminary Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 2 4 Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 20081 are called the Principal Rules. __________________ r. 4 -- 4 of 12 -- Part 2—New Building and Property List Amendments Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 3 PART 2—NEW BUILDING AND PROPERTY LIST AMENDMENTS 5 Lists For Rule 2.03(3) of the Principal Rules substitute— "(3) The following lists of the civil division are established— (a) building and property list; (b) civil claims list; (c) owners corporations list; (d) residential tenancies list.". 6 Information in relation to respondents to accompany certain applications For Rule 4.05A(1) of the Principal Rules substitute— "(1) This Rule applies to an application to the Tribunal in one of the following lists— (a) the building and property list; (b) the civil claims list; (c) the owners corporations list.". 7 Part 4 of Order 6 and related Form 7 revoked (1) Part 4 of Order 6 of the Principal Rules is revoked. (2) In Schedule 2 to the Principal Rules, Form 7 is revoked. 8 Part 6 of Order 6 and related Form 8 revoked (1) Part 6 of Order 6 of the Principal Rules is revoked. (2) In Schedule 2 to the Principal Rules, Form 8 is revoked. r. 5 -- 5 of 12 -- Part 2—New Building and Property List Amendments Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 4 9 Part 8 of Order 6 and related Form 11 revoked (1) Part 8 of Order 6 of the Principal Rules is revoked. (2) In Schedule 2 to the Principal Rules, Form 11 is revoked. 10 Planning and Environment List In item 4.15 of Schedule 1 to the Principal Rules for "real" substitute "building and". 11 Review and Regulation List In item 5.29 of Schedule 1 to the Principal Rules for "real" substitute "building and". 12 New clause 7 of Schedule 1 inserted After clause 6 of Schedule 1 to the Principal Rules insert— "7 Building and Property List (1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the building and property list of the civil division. 7.1 Australian Consumer Law and Fair Trading Act 2012; 7.2 Building Act 1993 except Division 12 of Part 12A and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7; 7.3 Domestic Building Contracts Act 1995; 7.4 Estate Agents Act 1980 sections 56A(4) and 56B(1) (disputes about commissions and outgoings); 7.5 House Contracts Guarantee Act 1987; 7.6 Owners Corporations Act 2006 Part 6 and Part 11; 7.7 Property Law Act 1958 Part IV; r. 9 -- 6 of 12 -- Part 2—New Building and Property List Amendments Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 5 7.8 Retail Leases Act 2003; 7.9 Sale of Land Act 1962 section 44; 7.10 Water Act 1989 section 19 (civil liability arising from various causes). (2) If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the building and property list of the civil division.". 13 Domestic Building List, Real Property List and Retail Tenancies List revoked Clauses 8, 10 and 12 of Schedule 1 to the Principal Rules are revoked. __________________ r. 13 -- 7 of 12 -- Part 3—Amendments Relating to Forms and Allocation of Enactments to Review and Regulation List Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 6 PART 3—AMENDMENTS RELATING TO FORMS AND ALLOCATION OF ENACTMENTS TO REVIEW AND REGULATION LIST 14 Rule 4.03 substituted For Rule 4.03 of the Principal Rules substitute— "4.03 Form of application or referral (1) An application to the Tribunal must be in the appropriate application form published on the Tribunal's website or available in hard copy from the registry. (2) A referral to the Tribunal must be in the appropriate referral form published on the Tribunal's website or available in hard copy from the registry. (3) A form referred to in subrule (1) or (2) may contain any necessary modification.". 15 Rule 4.04 revoked Rule 4.04 of the Principal Rules is revoked. 16 Applications to the planning and environment list Rule 5.03(2) of the Principal Rules is revoked. 17 Form of application Rule 5.06(2) of the Principal Rules is revoked. 18 Notifications Rule 7.02(6) of the Principal Rules is revoked. 19 Interlocutory applications Rule 7.03(3) of the Principal Rules is revoked. 20 Rules 7.05 and 7.08 revoked Rule 7.05 and Rule 7.08 of the Principal Rules are revoked. r. 14 -- 8 of 12 -- Part 3—Amendments Relating to Forms and Allocation of Enactments to Review and Regulation List Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 7 21 Allocation of jurisdiction—Review and Regulation List (1) In clause 5 of Schedule 1 to the Principal Rules, at the foot of item 5.72 insert— "Note On the repeal of the Travel Agents Act 1986 by the Travel Agents Repeal Act 2014, section 4 of the Travel Agents Repeal Act continues rights in relation to the compensation scheme despite the repeal of the Travel Agents Act 1986.". (2) In clause 5 of Schedule 1 to the Principal Rules, in item 5.82 for "2005." substitute "2005;". (3) In clause 5 of Schedule 1 to the Principal Rules, after item 5.82 insert— "5.83 Workplace Injury Rehabilitation and Compensation Act 2013.". 22 Redundant forms revoked In Schedule 2 to the Principal Rules, Forms 1, 2 and 3 are revoked. __________________ r. 21 -- 9 of 12 -- Part 4—Miscellaneous Amendments Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 8 PART 4—MISCELLANEOUS AMENDMENTS 23 Rule 6.10 substituted For Rule 6.10 of the Principal Rules substitute— "6.10 Documents to accompany an application For the purposes of section 67(1)(b) of the Act, in applications to which this Part applies, the documents required to accompany an application are— (a) an extract of a business name of any respondent or any interested party which is not a company but has a registered business name; and (b) additionally, in the case of an application under section 45(2) of the Motor Car Traders Act 1986— (i) a copy of the agreement for the sale of the motor car; and (ii) a copy of any contract for finance concerning the purchase of the motor car; and (iii) any other documents the applicant has in the applicant's possession concerning the purchase of the motor car or any ancillary or incidental items in association with that purchase.". 24 Allocation of jurisdiction under Road Safety Act 1986 to Review and Regulation List In clause 5 of Schedule 1 to the Principal Rules, after item 5.59 insert— "5.59A Road Safety Act 1986;". r. 23 -- 10 of 12 -- Part 4—Miscellaneous Amendments Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 9 Dated: 13 May 2014 GREGORY GARDE, President MARILYN HARBISON, Vice President MARK DWYER, Deputy President BILL SIBONIS, Member ═══════════════ r. 24 -- 11 of 12 -- Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014 S.R. No. 35/2014 Authorised by the Chief Parliamentary Counsel 10 ENDNOTES 1 Rule 4: S.R. No. 65/2008. Reprint No. 2 as at 7 March 2014. Reprinted to S.R. No. 165/2013. Endnotes -- 12 of 12 --