Victorian Civil and Administrative Tribunal Rules 1998
i
Victorian Civil and Administrative Tribunal Rules
1998
S.R. No. 87/1998
TABLE OF PROVISIONS
Rule Page
ORDER 1—GENERAL 1
1.01 Object 1
1.02 Authorising provisions 1
1.03 Commencement 1
1.04 Definition 1
ORDER 2—TRIBUNAL DIVISIONS AND LISTS 2
PART 1—DIVISIONS OF THE TRIBUNAL 2
2.01 Divisions 2
2.02 Division Head 2
PART 2—DIVISION LISTS 2
2.03 Lists 2
2.04 List Heads 3
PART 3—WORKING ARRANGEMENTS 3
2.05 Entry of proceeding in list 3
2.06 Assignment of members 4
ORDER 3—REVIEW JURISDICTION 4
3.01 Form of application for order that statement of reasons be given
for decision liable to review 4
3.02 Functions under section 47(1) of the Act to be exercised in
general list of administrative division 4
3.03 Number of copies of documents to be lodged 4
ORDER 4—GENERAL PROCEDURE 5
4.01 Provisions of Order to be subject to Orders 5 and 6 5
4.02 Appointment of litigation guardian for a child 5
4.03 Form of application 5
4.04 Form of referral 6
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4.05 Lodgement of application or referral 6
4.06 Notification of commencement 6
4.07 Address for service of documents 6
4.08 Counterclaim 7
4.09 Direction to submit to medical examination 7
4.10 Notice of compulsory conference 8
4.11 Notice of mediation 8
4.12 Notice of hearing 8
4.13 Form of witness summons 8
4.14 Service of witness summons 8
4.15 Refusal to issue witness summons 9
4.16 Authentication of order 9
4.17 Application for correction of order 9
4.18 Re-opening an order 9
4.19 Extension or abridgment of time 9
4.20 Form of warrant of arrest 10
4.21 Form of warrant of committal 10
4.22 Alternative method of service of documents on party 10
4.23 Form of register of proceedings and matters to be contained
therein 10
ORDER 5—ADMINISTRATIVE DIVISION 11
PART 1—GENERAL LIST 11
5.01 Time within which copy of application or referral to be served
in case of proceeding in general list 11
PART 2—LAND VALUATION LIST 11
5.02 Tribunal may direct disclosure of valuation evidence 11
5.03 Principal registrar's powers in relation to adjournment and
withdrawal of certain proceedings 12
PART 3—OCCUPATIONAL AND BUSINESS REGULATION
LIST 12
5.04 Conditions to which right to inspect proceeding file to be subject 12
5.05 Form of application 13
5.06 Constitution of Tribunal in proceedings 13
PART 4—PLANNING LIST 15
5.07 Time within which statement of grounds must be lodged in case
of proceeding under planning enactment 16
5.08 Matters to be contained in notice given or published under
section 83B of the Planning and Environment Act 1987 16
5.09 Additional requirement if document is served electronically 17
PART 5—TAXATION LIST 17
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5.10 Conditions to which right to inspect proceedings file to be
subject 17
ORDER 6—CIVIL DIVISION 18
PART 1—ANTI-DISCRIMINATION LIST 18
6.01 Notifications 18
6.02 Particulars of complaint and defence 19
6.03 Documents to be relied on at hearings 20
6.04 Interlocutory applications 20
6.05 Additional functions of principal registrar 21
6.06 Certain rules not to apply to proceedings under Equal
Opportunity Act 1995 22
6.07 Jurisdictional hearings and functions under section 156 of
the Equal Opportunity Act 1995 22
6.08 Conditions to which right to inspect register of proceedings or
proceeding file to be subject 22
PART 2—CIVIL CLAIMS LIST 24
6.09 Application of these Rules to this List 24
6.10 Re-opening on substantive grounds 24
6.11 Applications 25
6.12 Documents to accompany an application 26
6.13 Rejection of applications by principal registrar 27
6.14 Notification of commencement by principal registrar 28
PART 3—CREDIT LIST 28
6.15 Notifications 28
6.16 Function of the Principal Registrar 29
6.17 Conditions to which right of inspection of proceedings file to be
subject 29
6.18 Transfers of classes of proceedings 29
PART 4—DOMESTIC BUILDING LIST 30
6.19 Applications and dealings with applications 30
6.20 Counterclaims 30
PART 5—GUARDIANSHIP LIST 30
6.21 Service by principal registrar 30
6.22 Conditions to which right to inspect register of proceedings to
be subject 30
6.23 Conditions to which right of party to inspect proceeding file to be
subject 31
6.24 Conditions to which right of person other than party to inspect
proceeding file to be subject 33
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PART 6—REAL PROPERTY LIST 33
Division 1—Proceedings under the Subdivision Act 1988 33
6.25 Definitions 33
6.26 Application for leave—section 36 34
6.27 Referral of disputes—section 39 of the Subdivision Act 1988 35
Division 2—Proceedings under the Estate Agents Act 1980 36
6.28 Interpretation 36
6.29 Referral of disputes 36
6.30 Procedure for determination 37
Division 3—Proceedings under the Water Act 1989 and the Water
Industry Act 1994 37
6.31 Form of claim 37
6.32 Counterclaim 37
Division 4—Compulsory Conference and Mediation 38
6.33 Definition 38
6.34 Notices 38
6.35 Provision of information before compulsory conference 38
6.36 Report on compulsory conference 38
PART 7—RESIDENTIAL TENANCIES LIST 38
6.37 Application of Part 38
6.38 Documents required to be included with certain applications 39
6.39 Particulars required to be included with certain applications 43
6.40 Form of notice under section 346 of the Residential Tenancies
Act 1997 43
6.41 Withdrawal of proceedings 43
6.42 Re-opening an order 43
PART 8—RESIDENTIAL TENANCIES LIST 44
6.43 Form of application 44
6.44 Counterclaims 44
__________________
SCHEDULES 45
SCHEDULE 1—Allocation of functions 45
SCHEDULE 2—Forms 54
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Form 1—Application for review of a decision 54
Form 2—Application for order 55
Form 3—Referral 56
Form 4—Summons to appear 57
Form 5—Arrest warrant 58
Form 6—Arrest warrant 59
Form 7—Warrant of committal 60
Form 8—Application 61
Form 9—Claim 63
Form 10—Notice (under section 346 of the Residential Tenancies
Act 1997) to occupant to appear before tribunal 65
Form 11—Application 66
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1
STATUTORY RULES 1998
S.R. No. 87/1998
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules
1998
The Rules Committee established by section 150 of the
Victorian Civil and Administrative Tribunal Act 1998
makes the following Rules:
ORDER 1—GENERAL
1.01 Object
The object of these Rules is to regulate the
practice and procedure of the Victorian Civil and
Administrative Tribunal.
1.02 Authorising provisions
These Rules are made under section 157 of the
Victorian Civil and Administrative Tribunal
Act 1998 and all other enabling powers.
1.03 Commencement
These Rules come into operation on 1 July 1998.
1.04 Definition
In these Rules—
"the Act" means the Victorian Civil and
Administrative Tribunal Act 1998.
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ORDER 2—TRIBUNAL DIVISIONS AND LISTS
PART 1—DIVISIONS OF THE TRIBUNAL
2.01 Divisions
(1) The Tribunal shall exercise its functions in
divisions.
(2) For the purposes of sub-rule (1), the following
divisions of the Tribunal are established—
(a) administrative division;
(b) civil division.
2.02 Division Head
A Vice President nominated from time to time by
the President shall be in charge of a division.
PART 2—DIVISION LISTS
2.03 Lists
(1) Each division of the Tribunal shall exercise its
functions in lists.
(2) The following lists of the administrative division
are established—
(a) general list;
(b) land valuation list;
(c) occupational and business regulation list;
(d) planning list;
(e) taxation list.
(3) The following lists of the civil division are
established—
(a) anti-discrimination list;
(b) civil claims list;
(c) credit list;
r. 2.01
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(d) domestic building list;
(e) guardianship list;
(f) real property list;
(g) residential tenancies list;
(h) retail tenancies list.
(4) The functions to be exercised in each list are set
out in Schedule 1.
(5) Any function capable of being exercised by the
Tribunal that is not referred to in Schedule 1 shall
be deemed to have been included in the general
list of the administrative division.
2.04 List Heads
(1) A Deputy President nominated by the President
shall be in charge of a list.
(2) The President may only nominate under sub-rule
(1) a Deputy President who has, in the opinion of
the President, special knowledge of the law in
relation to a class of matters in respect of which
functions may be exercised in the list.
PART 3—WORKING ARRANGEMENTS
2.05 Entry of proceeding in list
(1) The principal registrar must cause a proceeding to
be entered in a list.
(2) The President may transfer a proceeding from a
list to another list.
(3) A Vice President in charge of a division may
transfer a proceeding from a list in that division to
another list in that division.
(4) The principal registrar may, with the consent of
the parties, transfer a proceeding from a list to
another list.
r. 2.04
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2.06 Assignment of members
(1) The President must assign a member other than a
Vice President to one or more lists, whether or not
the particular list is in the same division.
(2) In making an assignment of a member to a
particular list, the President must have regard to
any special knowledge or experience relevant to
determining the class of matters in respect of
which functions may be exercised by the Tribunal
in that list.
(3) An assignment under this Rule must be in writing.
(4) A member, other than the President or a Vice-
President, may only sit in a proceeding in a list to
which he or she is assigned.
ORDER 3—REVIEW JURISDICTION
3.01 Form of application for order that statement of
reasons be given for decision liable to review
An application under section 47(1) of the Act
must be in writing and must specify—
(a) the decision;
(b) the name and title of the decision-maker; and
(c) the date of the decision.
3.02 Functions under section 47(1) of the Act to be
exercised in general list of administrative division
The functions of the Tribunal under section 47(1)
of the Act are allocated to the general list of the
administrative division.
3.03 Number of copies of documents to be lodged
r. 2.06 r. 3.03
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The number of copies of a statement or document
to be lodged for the purposes of section 49(1), (3)
or (4) of the Act is— 1.
ORDER 4—GENERAL PROCEDURE
4.01 Provisions of Order to be subject to Orders 5 and 6
Subject to Orders 5 and 6, this Order applies to
any proceeding in the Tribunal.
4.02 Appointment of litigation guardian for a child
(1) A person is eligible to be appointed by the
Tribunal as the litigation guardian of a child who
is a party to a proceeding if the person is not a
person under a disability and has no interest in the
proceeding adverse to that of the child.
(2) An application by a person to be appointed as
litigation guardian of a child must be in writing
and must contain a certificate of the person
applying to be appointed as litigation guardian or
of the solicitor for the child that he or she knows
or believes that—
(a) the person to whom the certificate relates is a
child; and
(b) the person applying to be appointed as
litigation guardian has no interest in the
proceeding adverse to that person.
(3) Where the interests of a party who is a child so
require, the Tribunal may appoint or remove a
litigation guardian or substitute another person as
litigation guardian.
4.03 Form of application
r. 4.03
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An application to the Tribunal must—
(a) if it is for review of a decision, be in Form 1
in Schedule 2;
(b) if it is for an order, be in Form 2 in
Schedule 2.
4.04 Form of referral
If no form of referral is otherwise required by
these Rules, a referral to the Tribunal must be in
Form 3 in Schedule 2.
4.05 Lodgement of application or referral
(1) An application or referral to the Tribunal must be
lodged with the principal registrar.
(2) An application or referral may be lodged with the
principal registrar by post, facsimile or other
electronic transmission.
(3) Despite sub-rule (1), if the applicant resides in
Victoria more than 40 kilometres from the post
office at the corner of Elizabeth Street and Bourke
Street, Melbourne, the application or referral may
be lodged with a registrar of the Magistrates'
Court unless the application or referral calls for
the exercise of a function assigned by these Rules
to the planning list of the administrative division.
4.06 Notification of commencement
An applicant must serve a copy of an application
or referral on each other party or other person
entitled to notice of the application or referral
under the Act, the enabling enactment or these
Rules within 7 days after lodging the application
or referral with the principal registrar or a
registrar of the Magistrates' Court.
4.07 Address for service of documents
r. 4.07
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(1) An applicant must provide an address for service
of documents in Victoria when making an
application or referral.
(2) Any party other than the applicant must, not later
than 14 days after becoming a party, file with the
principal registrar a statement of that party's
address in Victoria for the service of documents.
(3) Any party who wishes to change an address for
service must notify the principal registrar and
each other party that the party has a new address
for service and notify that person of that address.
(4) An address for service may include a telephone
number for the receipt of facsimile transmissions
and an address for the receipt of electronic
transmissions.
4.08 Counterclaim
(1) Subject to the provisions of any Act or regulation,
a counterclaim by one party against another party
in a proceeding must be—
(a) in writing and contain any particulars
required by these Rules; and
(b) accompanied by any documents or further
information required by these Rules; and
(c) lodged in the same manner as an application.
(2) Unless otherwise provided by these Rules or
ordered by the Tribunal, the party making the
counterclaim must serve a copy of it on each other
party within 7 days after lodgement.
4.09 Direction to submit to medical examination
r. 4.09
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The Tribunal may, where the physical or mental
condition of a party is relevant to a proceeding,
require the party to submit to medical examination
by an expert whom another party proposes to call
as a witness.
4.10 Notice of compulsory conference
The principal registrar must give notice of a
compulsory conference in writing and in
accordance with any other requirement of these
Rules.
4.11 Notice of mediation
The principal registrar must give notice of a
mediation in writing and in accordance with any
other requirement of these Rules.
4.12 Notice of hearing
The principal registrar must give notice of the
time and place for the hearing of a proceeding in
writing and in accordance with any other
requirement of these Rules.
4.13 Form of witness summons
A witness summons must be in Form 4 in
Schedule 2 and must be issued by the principal
registrar under the seal of the Tribunal.
4.14 Service of witness summons
(1) A witness summons must be served—
(a) by the party who requested its issue, unless
the Tribunal directs otherwise; or
(b) if it is issued at the initiative of the principal
registrar or the Tribunal, as directed by the
Tribunal.
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(2) When a summons is served, a sufficient sum is to
be provided as conduct money.
4.15 Refusal to issue witness summons
If the principal registrar refuses to issue a witness
summons at the request of a party, the principal
registrar must inform the party of the right to
apply to the Tribunal for a direction that a
summons be issued.
4.16 Authentication of order
An order may be authenticated by being signed by
a member of the Tribunal or the principal registrar
and having the seal of the Tribunal affixed.
4.17 Application for correction of order
A party who applies for the correction of an order
of the Tribunal must do so in writing, giving
particulars of the claimed mistake, error,
miscalculation, misdescription or defect.
4.18 Re-opening an order
(1) An application for review of an order under
section 120 of the Act must be made within
14 days after the applicant becomes aware of the
order.
(2) No more than 2 applications may be made under
section 120 of the Act in respect of the same order
without leave of the Tribunal.
4.19 Extension or abridgment of time
(1) The Tribunal may exercise any of the powers
referred to in section 126(2) of the Act in any
proceeding.
(2) For the purposes of section 126 of the Act, all the
enactments mentioned in Schedule 1 and any
regulations made under any of those enactments,
are specified to be relevant enactments.
r. 4.15
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4.20 Form of warrant of arrest
(1) If the Tribunal directs the apprehension of a
person under section 134(2) of the Act the
Tribunal must issue a warrant of arrest must be in
Form 5 in Schedule 2.
(2) If the Tribunal directs the apprehension of a
person under section 137(2) of the Act, the
Tribunal must issue a warrant of arrest in Form 6
of Schedule 2.
4.21 Form of warrant of committal
A warrant of committal must be in Form 7 in
Schedule 2.
4.22 Alternative method of service of documents on party
In any case where section 140 of the Act provides
that a notice, order or other document may be
served on or given to a person by sending it to the
person at an address specified by that section, the
notice, order or other document may, if the person
is a party, be instead sent by post, facsimile or
other electronic transmission to the current
address for service of documents of that person.
4.23 Form of register of proceedings and matters to be
contained therein
The register may be kept in written or electronic
form and shall contain, in respect of each
proceeding commenced in the Tribunal—
(a) a number identifying the proceeding;
(b) the names of the parties;
(c) a reference to the statutory provision
conferring the relevant jurisdiction on the
Tribunal;
(d) if the proceeding is withdrawn, the date of
withdrawal;
r. 4.20
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(e) particulars of any final determination or
order made by the Tribunal.
ORDER 5—ADMINISTRATIVE DIVISION
PART 1—GENERAL LIST
5.01 Time within which copy of application or referral to
be served in case of proceeding in general list
For the purposes of section 72(1) of the Act, the
time within which an applicant must serve a copy
of an application or referral in the case of a
proceeding in the general list is 5 days after the
application or referral is lodged with the principal
registrar.
PART 2—LAND VALUATION LIST
5.02 Tribunal may direct disclosure of valuation evidence
(1) A member of the Tribunal may direct that each
party to a proceeding to which this Rule applies
give to the other party—
(a) the names of the valuers it proposes to call;
(b) the amount of the valuation placed by each
valuer on the land that is the subject of the
appeal; and
(c) details of all sales and rentals relied upon by
the valuer in arriving at the valuation.
(2) The member may give such a direction at any time
on application by any party, or of his or her own
motion.
(3) If such a direction is given, a party may not call or
rely on, without the leave of the Tribunal—
(a) any valuer whose name was not given to the
other party; or
r. 5.01
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(b) any evidence of sales or rentals that was not
given to the other party.
(4) This Rule applies to—
(a) a proceeding under the Land Acquisition
and Compensation Act 1986 or a
proceeding to which that Act applies; and
(b) a proceeding under Part III of the Valuation
of Land Act 1960 or a proceeding to which
that Part applies.
5.03 Principal registrar's powers in relation to
adjournment and withdrawal of certain proceedings
(1) The principal registrar may on the application of a
party made at least 7 days before the date fixed for
the hearing of a proceeding to which this Rule
applies adjourn the hearing of the proceeding.
(2) The principal registrar may hear and determine an
application by consent of the parties for
adjournment or withdrawal of any proceeding to
which this Rule applies.
(3) This Rule applies to a proceeding under Part III of
the Valuation of Land Act 1960 or a proceeding
to which that Part applies.
PART 3—OCCUPATIONAL AND BUSINESS REGULATION
LIST
5.04 Conditions to which right to inspect proceeding file to
be subject
In the case of an application for review under an
enactment allocated to the occupational and
business regulation list, a party or other person
shall not be entitled to inspect a file relating to the
proceeding except to the extent that a member of
r. 5.03 r. 5.04
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the Tribunal being a person who has been
admitted to legal practice for not less than 5 years
authorises its inspection by the party or other
person.
5.05 Form of application
(1) An application under an enactment allocated to
the occupational and business regulation list for a
disciplinary inquiry must be in writing and state
the provision under which it is made and the
person who is the subject of the application.
(2) Rule 4.03 does not apply to an application
referred to in sub-rule (1).
5.06 Constitution of Tribunal in proceedings
(1) Any matter arising under a provision of the
Consumer Credit (Victoria) Act 1995 allocated
to the occupational and business regulation list
must be determined by the Tribunal constituted by
at least 3 members including—
(a) a member being a person who has been
admitted to legal practice for not less than
5 years; and
(b) a member who is a person with experience in
the business of providing credit in
connection with the supply of goods or
services or a person with experience in the
business of supplying goods or services; and
(c) a member who is a person who does not have
such experience but has knowledge of the
interests of natural persons who obtain or
seek to obtain credit from credit providers.
(2) Any matter arising under a provision of the Estate
Agents Act 1980 that is allocated to the
occupational and business regulation list must be
determined by the Tribunal constituted by at least
3 members including—
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(a) a member being a person who has been
admitted to legal practice for not less than
5 years; and
(b) a member with experience in and who
represents the interests of the real estate
industry; and
(c) a member with knowledge of natural persons
who use real estate industry services and
who represents their interests.
(3) Any matter arising under a provision of the Motor
Car Traders Act 1986 that is allocated to the
occupational and business regulation list must be
determined by the Tribunal constituted by at least
3 members including—
(a) a member being a person who has been
admitted to legal practice for not less than
5 years; and
(b) a member who represents the interests of the
retail motor car industry; and
(c) a member who represents the interests of
consumers.
(4) Any matter arising under a provision of the
Prostitution Control Act 1994 that is allocated to
the occupational and business regulation list must
be determined by the Tribunal constituted by at
least 3 members including—
(a) a member being a person who has been
admitted to legal practice for not less than
5 years; and
(b) a member who shall be either—
(i) a barrister and solicitor of the Supreme
Court or of the High Court of Australia
with knowledge, experience and
expertise in criminal law, company law
r. 5.06
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or another area of law relevant to the
functions of the Tribunal under the
Prostitution Control Act 1994; or
(ii) a member of the police force of or
above the rank of inspector; and
(c) a member who has knowledge of the
prostitution industry in Victoria or of health,
occupational health and safety, enforcement
or general community issues relevant to the
functions of the Tribunal under the
Prostitution Control Act 1994.
(5) Any matter arising under a provision of the
Travel Agents Act 1986 that is allocated to the
occupational and business regulation list must be
determined by the Tribunal constituted by at least
3 members including—
(a) a member being a person who has been
admitted to legal practice for not less than
5 years; and
(b) a member with experience in the business of
a travel agent; and
(c) a member with knowledge of the interests of
natural persons who use the services of
travel agents.
(6) Sub-rules (3) and (5) do not apply to a review of a
decision of—
(a) the Motor Car Traders Licensing Authority
established under Part 7 of the Motor Car
Traders Act 1986; and
(b) a decision of the Travel Agents Licensing
Authority established under Part 5 of the
Travel Agents Act 1986.
PART 4—PLANNING LIST
r. 5.06
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5.07 Time within which statement of grounds must be
lodged in case of proceeding under planning
enactment
A person who is required by clause 56(1) of
Schedule 1 to the Act to lodge with the Tribunal a
statement of the grounds on which the person
intends to rely at the hearing of a proceeding must
lodge the statement with the Tribunal within 14
days after being served with notice of the
proceeding.
5.08 Matters to be contained in notice given or published
under section 83B of the Planning and Environment
Act 1987
(1) A notice given or published under section 83B of
the Planning and Environment Act 1987 shall—
(a) set out clearly the location of the land to
which the application for review relates; and
(b) set out the purposes for which the permit is
sought; and
(c) in the case of an application to review a
refusal to grant a permit, set out the grounds
upon which the permit was refused; and
(d) state that all person who may be materially
affected by the grant of the permit—
(i) will be entitled to be heard on the
hearing of the application for review if
before a date specified in the statement
they give written notice to the principal
registrar stating how they may be so
affected and that they wish to be heard;
and
(ii) even if a person does not give notice to
the principal registrar in accordance
with sub-paragraph (i), may apply in
writing to be made a party to the
r. 5.07
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application for review stating how the
person may be affected by the grant of
the permit; and
(iii) must, in a notice given in accordance
with sub-paragraph (i) or in an
application made in accordance with
sub-paragraph (ii), state the grounds on
which they intend to rely at the hearing.
(2) A statement of the grounds on which a person
intends to rely included in a notice referred to in
sub-rule (1)(d)(i) or an application referred to in
sub-rule (1)(d)(ii) is a statement for the purposes
of clause 56(1) of Schedule 1 to the Act, even if
the statement may not have been lodged within
the period specified in Rule 5.07.
5.09 Additional requirement if document is served
electronically
An applicant in a proceeding under an enactment
set out in clause 4 in Part 1 of Schedule 1 who
serves the initiating document in that proceeding
on another person by electronic transmission
must, within 24 hours of sending the transmission
to that person, deliver or send by post to that
person a copy of that document.
PART 5—TAXATION LIST
5.10 Conditions to which right to inspect proceedings file
to be subject
In the case of an application for review under an
enactment allocated to the taxation list, a party or
other person shall not be entitled to inspect a file
r. 5.08 r. 5.09
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relating to the proceeding except to the extent that
its inspection has been authorised by a member of
the Tribunal or by the Commissioner of Taxation.
ORDER 6—CIVIL DIVISION
PART 1—ANTI-DISCRIMINATION LIST
6.01 Notifications
(1) If a complaint is referred to the Tribunal by the
Minister or the Equal Opportunity Commission
under the Equal Opportunity Act 1995, the
principal registrar must give written notice of the
referral to the complainant and the respondent
within 7 days after the Tribunal receives the
referral.
(2) For the purposes of section 72(1) of the Act, the
time within which an applicant must serve a copy
of an application or referral in a proceeding under
the Equal Opportunity Act 1995 is—
(a) in the case of an application, 5 days after the
application is lodged with the Tribunal; and
(b) in the case of a referral, 7 days after the
applicant receives notice of the referral under
sub-rule (1).
(3) The principal registrar must give written notice of
the holding of a compulsory conference to each
party to a proceeding under the Equal
Opportunity Act 1995 at least 7 days before the
date when it is to be held.
(4) For the purpose of section 88(3) of the Act, the
principal registrar must give written notice of the
holding of a mediation in a proceeding under the
Equal Opportunity Act 1995 at least 7 days
before the date when it is to be held.
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(5) For the purpose of section 99(1) of the Act, notice
of the time and place of the hearing of a
proceeding under the Equal Opportunity Act
1995 must be given—
(a) at least 2 days before the date of the hearing,
in the case of an application for an interim
order under section 131 of that Act; and
(b) at least 7 days before the date of the hearing,
in the case of an application under section
109, 121 or 124 of that Act; and
(c) at least 14 days before the date of the
hearing, in the case of the hearing of a
complaint.
(6) If a complaint is referred to the Tribunal by the
Minister or the Equal Opportunity Commission
under the Equal Opportunity Act 1995, the
complainant must give to the principal registrar
written notice of the complainant's address in
Victoria for service of documents within 7 days
after receiving notice of the referral under sub-
rule (1).
(7) An applicant to the Tribunal under section 109,
121, 124 or 131 of the Equal Opportunity Act
1995 must, when making the application, provide
to the principal registrar an address for service of
documents for each other party to the proceeding.
6.02 Particulars of complaint and defence
(1) If the Tribunal directs (whether at a compulsory
conference or otherwise) a complainant under the
Equal Opportunity Act 1995 to lodge with the
Tribunal particulars of complaint, those
particulars must—
(a) be in numbered paragraphs; and
r. 6.01 r. 6.02
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(b) set out as briefly as possible the material
facts on which the complainant relies and the
relief which the complainant seeks.
(2) If the Tribunal directs (whether at a compulsory
conference or otherwise) a respondent to a
complaint under the Equal Opportunity Act
1995 to lodge with the Tribunal particulars of
defence, those particulars must—
(a) respond to the allegations set out in the
particulars of complaint; and
(b) set out any defence on which the respondent
relies.
6.03 Documents to be relied on at hearings
(1) If a party in a proceeding under the Equal
Opportunity Act 1995 intends, at the hearing of
the complaint, to tender in evidence, or adduce
evidence on the substance of, a medical report that
party must serve a copy of the report on each
other party at least 7 days before the date fixed for
the hearing of the complaint.
(2) A party in a proceeding under the Equal
Opportunity Act 1995 who tenders a document
as evidence in that proceeding must provide the
Tribunal with a copy of that document, as well as
the original.
6.04 Interlocutory applications
(1) This Rule applies to an application to the Tribunal
under section 109, 121, 124 or 131 of the Equal
Opportunity Act 1995.
(2) An application to which this Rule applies must—
(a) be accompanied by a copy of the complaint
or, if the applicant does not have one, any
information which the applicant is able to
r. 6.04
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give about the nature of the complaint and
the identity of the parties to it; and
(b) if the application relates to a determination
of the Equal Opportunity Commission, give
any information which the applicant is able
to give about the nature and date of the
determination; and
(c) if, under the Equal Opportunity Act 1995
there are requirements to be met before the
application can be made, include information
that those requirements have been met; and
(d) in the case of an application under section
131 of the Equal Opportunity Act 1995 for
an interim order—
(i) state each order that is sought; and
(ii) be accompanied by an affidavit setting
out the facts and circumstances on
which the applicant relies.
6.05 Additional functions of principal registrar
(1) The principal registrar may not reject, under
section 71(1) of the Act—
(a) an application made to the Tribunal under
the Equal Opportunity Act 1995; or
(b) an application made under the Victorian
Civil and Administrative Tribunal Act
1998 in a proceeding under the Equal
Opportunity Act 1995.
(2) In addition to his or her other functions, the
principal registrar has the following functions in
relation to proceedings under the Equal
Opportunity Act 1995—
r. 6.05
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(a) to provide information or advice in relation
to the provisions of the Equal Opportunity
Act 1995 and the practice and procedure of
the Tribunal; and
(b) to act as mediator in a proceeding, if
nominated under section 88(1) of the Act.
6.06 Certain rules not to apply to proceedings under Equal
Opportunity Act 1995
Rules 4.04 and 4.05(3) do not apply to
proceedings under the Equal Opportunity Act
1995.
6.07 Jurisdictional hearings and functions under section
156 of the Equal Opportunity Act 1995
(1) The Tribunal may give any directions it considers
appropriate in determining any question raised in
a proceeding under the Equal Opportunity Act
1995 as to its jurisdiction under that Act.
(2) When exercising its functions under section 156
of the Equal Opportunity Act 1995, the Tribunal
shall be constituted as determined by the
President.
6.08 Conditions to which right to inspect register of
proceedings or proceeding file to be subject
(1) For the purpose of section 144(5)(a) of the Act,
the right conferred on a person (other than a party)
by section 144(4) of the Act to inspect and obtain
a copy of any part of the register relating to a
proceeding under the Equal Opportunity Act
1995 is subject to the following conditions—
(a) that person may inspect or obtain a copy of
the final order or determination in the
proceeding; and
r. 6.08
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(b) that person may inspect or obtain a copy of
any other part of the register relating to that
proceeding—
(i) if the proceeding is the referral of a
complaint, only after the Tribunal has
commenced to hear the complaint; and
(ii) if the proceeding is an application
under section 83 of that Act, only after
the Tribunal commences to hear the
application or, if the application is
determined without a hearing, only
after the Tribunal determines the
application; and
(iii) if the proceeding is an application
under section 109, 121, 124 or 131 of
that Act, only after the complaint has
been referred to the Tribunal and the
Tribunal has commenced to hear the
complaint.
(2) For the purpose of section 146(4)(a) of the Act,
the right conferred on a person (other than a party)
by section 146(3) of the Act to inspect a file in a
proceeding under the Equal Opportunity Act
1995 and to obtain a copy of any part of that file is
subject to the following conditions—
(a) if the proceeding is the referral of a
complaint, that person may only inspect the
file and obtain a copy of any part of it after
the Tribunal has commenced to hear the
complaint; and
(b) if the proceeding is an application under
section 83 of the Equal Opportunity Act
1995, that person may inspect the file and
obtain a copy of any part of it only after the
Tribunal commences to hear the application
or, if the application is determined without a
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hearing, only after the Tribunal determines
the application; and
(c) if the proceeding is an application made to
the Tribunal under sections 109, 121, 124 or
131 of the Equal Opportunity Act 1995,
that person may inspect the file or obtain a
copy of any part of it only after the
complaint has been referred to the Tribunal
and the Tribunal has commenced to hear the
application.
PART 2—CIVIL CLAIMS LIST
6.09 Application of these Rules to this List
(1) This Part applies to a proceeding in the civil
claims list.
(2) Rules 4.03, 4.06 and 4.07 do not apply to a
proceeding to which this Part applies.
6.10 Re-opening on substantive grounds
(1) Despite Rule 4.18, except with the leave of the
Tribunal only one application may be made by the
same party under section 120 of the Act in respect
of the same matter.
(2) An application pursuant to section 120 of the Act
must be in writing and contain the following
information—
(a) the name, current address, telephone number
and facsimile number (if any) of the
applicant;
(b) the name of any person who the applicant
claims is a sufficiently interested party;
(c) the number of the original proceeding for
which the review is requested;
r. 6.09
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(d) the date on which and the manner in which
the applicant became aware of the order in
respect of which a review is requested;
(e) the reasons for the application for review;
and
(f) the signature of the applicant.
(3) On receipt of an application under section 120 of
the Act the principal registrar must inform the
applicant that the Tribunal may order costs in
accordance with clause 85 of Schedule 1 to the
Act and section 109 of the Act.
6.11 Applications
(1) For the purposes of section 67(1)(a) of the Act
applications to which this Part applies must be in
writing and include the following—
(a) the name, address, telephone number and
facsimile number of the applicant, the
respondent and all other parties who the
applicant claims have a sufficient interest in
the claim;
(b) where a party is a corporation, the ACN
number of that party;
(c) if the goods are mortgaged or leased, the
name, address, telephone number and
facsimile number of any credit provider who
has an interest in the goods;
(d) a brief description of the goods and/or
services provided and the date of the
transaction;
(e) if any respondent or sufficiently interested
party has at any stage asked for the payment
of money the amount asked, when and how
much (if any) was paid and to whom;
r. 6.11
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(f) the remedy sought either as a refund,
rectification work or compensation, return of
goods or compensation, other matters or a
combination of any of the preceding matters;
(g) a brief history of the dispute (with any
relevant documents); and
(h) additionally, in the case of an application
pursuant to section 45(2) of the Motor Car
Traders Act 1986, the grounds pursuant to
which application for rescission of the
contract is made by specifying any or a
combination of the following—
(i) that a false representation has been
made in relation to an odometer reading
of the motor car;
(ii) that the agreement for sale of the motor
car does not contain the prescribed
particulars, terms and conditions;
(iii) that the motor car is substantially
different from the motor car
represented in the prescribed notice.
(2) When complying with the requirements of
paragraph (i) of sub-rule (1), the applicant must
also state the manner in which a false
representation or the failure to contain the
prescribed particulars or the substantial difference
in the motor car is alleged to have occurred.
6.12 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 sufficiently interested
r. 6.11 r. 6.12
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party which is not a company but has a
registered business name;
(b) all relevant contract notes, documents and
photographs;
(c) a copy of any contract for finance
concerning the purchase, mortgage or lease
of the goods the subject of the application;
(d) when an application is made in relation to a
claim arising under the Small Claims Act
1973, a cheque for all moneys payable to the
Small Claims Trust Account for those
amounts demanded by the respondent which
have not been paid to the respondent; and
(e) additionally, in the case of an application
pursuant to section 45(2) of the Motor Car
Traders Act 1986, a copy of the agreement
for the sale of the motor car and a copy of
any contract for finance concerning the
purchase of the motor car and any other
documents the applicants have in their
possession concerning the purchase of the
motor car or any ancillary or incidental items
in association with that purchase.
6.13 Rejection of applications by principal registrar
(1) In applications to which this Part applies, for the
purposes of section 71(3) of the Act the principal
registrar must inform the applicant of the rejection
of the application and the right of referral for
review by the Tribunal within 5 days after the
rejection.
(2) For the purposes of section 71(2) of the Act, a
requirement by the applicant that the principal
registrar refer the application to the Tribunal for
review of the rejection must be in writing received
r. 6.13
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within 7 days after the applicant being informed
of the rejection.
6.14 Notification of commencement by principal registrar
In applications to which this Part applies, for the
purposes of clause 79(1)(a) and 79(1)(b) of
Schedule 1 to the Act the time period for service
by the principal registrar shall be within 28 days
after lodgement of the application and for the
purposes of clause 79(1)(c) of Schedule 1 to the
Act the period for service by the principal
registrar shall be within 10 days after the giving of
a direction by the Tribunal.
PART 3—CREDIT LIST
6.15 Notifications
(1) If a matter is referred to the Tribunal under
section 74(3), 116(4) or 139(4) of the Credit Act
1984 or there is an application under section
102(4) of that Act, the principal registrar must
give written notice of the referral or application to
the Secretary to the Department of Justice, the
applicant and any party affected.
(2) For the purposes of section 67(1)(a) of the Act, an
application under the Credit Act 1984 must be in
writing and contain the names and addresses of
each applicant and each respondent and set out the
claim made.
(3) Rule 4.03 does not apply to an application
referred to in sub-rule (2).
(4) For the purposes of section 72(1) of the Act, the
Secretary to the Department of Justice is entitled
to notice of an application under section 85 or 86
of the Credit Act 1984.
(5) If the address for service given to the Tribunal by
a party to a proceeding under an enactment
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allocated to the credit list changes, the party must
give written notice of the change to the principal
registrar within 7 days.
6.16 Function of the Principal Registrar
The principal registrar may not reject, under
section 71(1) of the Act—
(a) an application made to the Tribunal under an
enactment allocated to the credit list; or
(b) an application made under the Victorian
Civil and Administrative Tribunal Act
1998 in a proceeding under an enactment
allocated to the credit list.
6.17 Conditions to which right of inspection of proceedings
file to be subject
(1) For the purpose of section 146(4)(a) of the Act the
rights conferred on a party by section 146(2) of
the Act to inspect the file in a proceeding under an
enactment allocated to the credit list do not
include inspection or copying of material on that
file that does not directly relate to a party.
(2) For the purpose of section 146(4)(a) of the Act the
rights conferred on a person (other than a party)
by section 146(3) of the Act to inspect the file in a
proceeding under an enactment allocated to the
credit list do not include inspection or copying of
material of a personal nature on that file except to
the extent authorised by the Tribunal.
6.18 Transfers of classes of proceedings
Despite Rule 2.03(4), the Deputy President in
charge of the credit list may and the principal
registrar, if required by the Deputy President in
charge of the credit list to do so, must transfer to
the civil claims list an application in any of the
following classes of proceedings—
r. 6.16 r. 6.18
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(a) applications under section 62, 74, 95, 102,
110, 111, 112, 116 or 118 of the Credit Act
1984;
(b) applications under section 68, 69, 85, 88, 89,
92, 93, 94, 171 or 172 of the Consumer
Credit (Victoria) Act 1995.
PART 4—DOMESTIC BUILDING LIST
6.19 Applications and dealings with applications
An application in a proceeding required by these
Rules to be entered in the domestic building list
must be in Form 8 in Schedule 2.
6.20 Counterclaims
Any counterclaim in a proceeding in the domestic
building list must be in Form 8 in Schedule 2,
with any necessary modification.
PART 5—GUARDIANSHIP LIST
6.21 Service by principal registrar
Subject to any order of the Tribunal, if the
principal registrar undertakes service of an
application, under section 72(2)(a) of the Act, in a
proceeding entered in the guardianship list,
service must take place within 21 days after
lodgement of the application with the Tribunal.
6.22 Conditions to which right to inspect register of
proceedings to be subject
For the purposes of section 144(5)(a) of the Act,
the rights conferred on a party and a person other
than a party by section 144(3) and (4) of the Act
to inspect and obtain a copy of any part of the
register relating to a proceeding under an
enactment allocated to the guardianship list are
subject to the condition that the party or person
r. 6.22
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may inspect and obtain a copy of the part of the
register relating to the proceeding limited to—
(a) the number identifying the proceeding;
(b) the date of commencement;
(c) the names of the parties,
(d) a reference to the statutory provision
conferring the relevant jurisdiction on the
Tribunal;
(e) particulars of any final determination or
order of the Tribunal.
6.23 Conditions to which right of party to inspect
proceeding file to be subject
For the purposes of section 146(4)(a) of the Act,
the rights conferred on a party by section 146(2)
of the Act to inspect and obtain a copy of any part
of the file relating to a proceeding allocated to the
guardianship list are subject to the following
conditions—
(a) the proposed represented person or
represented person may inspect or obtain a
copy of the file relating to the proceeding
except to the extent that a member of the
Tribunal is satisfied that the proposed
represented person or represented person
should not be entitled personally to inspect
or otherwise have access to all or any part of
the file (including a part of a document in the
file), because the inspection or access by the
proposed represented person or represented
person would—
(i) cause serious harm to the health of the
proposed represented person or
represented person or to the health or
safety of another person; or
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(ii) involve the unreasonable disclosure of
information relating to the personal
affairs of any person; or
(iii) breach a confidentiality provision
imposed by a person who supplied
information that is contained in that
part of the file;
(b) the principal registrar or a member of the
Tribunal may permit a person representing
the proposed represented person or
represented person before the Tribunal to
inspect or obtain a copy of the file relating to
the proceeding or otherwise have access to
any document that is not available to the
proposed represented person or represented
person under this Rule;
(c) any other party to the proceeding may before
the hearing inspect and obtain a copy of that
part of the file only that is constituted by the
application form, the report from the Public
Advocate, the report from the administrator
and all other documents that contain adverse
criticism of him or her, but only if a member
of the Tribunal is satisfied that the inspection
or obtaining of a copy of that part of the file
by the party would not—
(i) cause serious harm to the health or
safety of another person; or
(ii) involve the unreasonable disclosure of
information relating to the personal
affairs of any person; or
(iii) breach a confidentiality provision
imposed by a person who supplied
information that is contained in the
documents or document;
r. 6.23
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(d) any other party may after the hearing inspect
and obtain a copy of the file relating to the
proceeding limited to all documents that
were relied on by a member of the Tribunal
in making the decision except those
documents in respect of which a member of
the Tribunal is satisfied that such inspection
or access by that party would—
(i) cause serious harm to the health or
safety of another person; or
(ii) involve the unreasonable disclosure of
information relating to the personal
affairs of any person; or
(iii) breach a confidentiality provision
imposed by a person who supplied
information that is contained in the
documents.
6.24 Conditions to which right of person other than party
to inspect proceeding file to be subject
For the purposes of section 146(4)(a) of the Act,
the rights conferred on a person other than a party
by section 146(3) of the Act to inspect and obtain
a copy of any part of a file relating to a
proceeding allocated to the guardianship list are
subject to the condition that the person shall not
be entitled to inspect and obtain a copy of any part
of the file relating to the proceeding except to the
extent (if any) that a member of the Tribunal
authorises the person to do so.
PART 6—REAL PROPERTY LIST
Division 1—Proceedings under the Subdivision Act 1988
6.25 Definitions
(1) In this Division—
r. 6.24 r. 6.25
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"Council" means the Council of the municipal
district in which the land in the plan is
located;
"Deputy President" means the Deputy President
in charge of the real property list.
(2) In this Division other expressions have the
respective meanings that they have in the
Subdivision Act 1988.
6.26 Application for leave—section 36
(1) An owner may apply to the Tribunal for leave
under section 36 of the Subdivision Act 1988 by
lodging an application with the principal registrar
of the Tribunal with a copy of any relevant plan or
document and serving a copy of the application
and the plan or document on the Registrar of
Titles, the Council and, if section 36(1)(e) of the
Subdivision Act 1988 applies, the owner served
with a notice of intention to apply referred to in
sub-rule (2).
(2) An application under section 36(1)(e) of the
Subdivision Act 1988 may be made within
30 days after the day on which the applicant gives
to the owner of the land burdened or to be
burdened by the easement to be removed or
acquired a notice of intention to apply.
(3) The application must contain—
(a) the name and address of the applicant;
(b) the date on which the applicant gave notice
of intention to apply under sub-rule (2);
(c) the name of the municipal district in which
the land the subject of the application is
located;
(d) a description (sufficient for identification) of
the land burdened or benefited or to be
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burdened or benefited by the easement to be
removed or acquired;
(e) the names and addresses of the owners of the
land referred to in paragraph (d);
(f) the statement of the Council or referral
agency under section 36(1) of the
Subdivision Act 1988;
(g) a statement that the application is made
under section 36 of the Subdivision Act
1988; and
(h) a statement indicating whether leave is
sought to remove a right of way or to remove
or acquire the easement.
(4) At or before the hearing of an application under
section 36 of the Subdivision Act 1988, the
Registrar of Titles or a person nominated by the
Registrar of Titles may make a written or oral
submission on the application to the Tribunal and
the Tribunal may take that submission into
account in making its determination.
6.27 Referral of disputes—section 39 of the Subdivision
Act 1988
(1) An owner, an applicant under the Subdivision
Act 1988, a Council or a referral authority may
refer a dispute to the Tribunal under section 39 of
the Subdivision Act 1988 by—
(a) lodging with the principal registrar of the
Tribunal notice of referral and a copy of any
relevant plan, agreement or document; and
(b) serving a copy of the notice of referral and
the plan, agreement or document on each
other party to the dispute.
r. 6.26 r. 6.27
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(2) A person may refer a dispute under section 39 of
the Subdivision Act 1988 within 30 days after the
day on which the person gives to each other party
to the dispute notice of intention to refer the
dispute or, if different parties are notified on
different dates, the day on which the last notice is
given.
(3) The notice of referral must contain—
(a) the name and address of the person who
referred the dispute;
(b) the name and address of each party to the
dispute;
(c) a description of any land to which the
dispute relates that is sufficient to identify
the land;
(d) the date or dates on which the person gave
notice of intention to refer under sub-rule
(2);
(e) a description of the nature of the dispute and
the remedy sought; and
(f) a statement that the dispute is referred under
section 39 of the Subdivision Act 1988.
Division 2—Proceedings under the Estate Agents Act 1980
6.28 Interpretation
In this Division expressions have the same
meanings as they have in the Estate Agents Act
1980.
6.29 Referral of disputes
(1) The Director may refer a dispute to the Tribunal
as to the amount of commission or outgoings
charged by an estate agent by—
r. 6.28
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(a) lodging with the principal registrar of the
Tribunal a notice of referral; and
(b) serving a copy of the notice of referral on
each party to the dispute.
(2) The notice of referral must contain—
(a) the name and address of each party to the
dispute;
(b) a description of the notice of the dispute and
the remedy sought; and
(c) a statement that the referral is made pursuant
to section 56B of the Estate Agents Act
1980.
6.30 Procedure for determination
As soon as convenient after the referral, the
Tribunal must convene a directions hearing and
thereupon give such directions as may be
necessary or expedient for the determination of
the dispute.
Division 3—Proceedings under the Water Act 1989 and the
Water Industry Act 1994
6.31 Form of claim
A person who seeks relief under section 15(1), 16
or 157(1) of the Water Act 1989 or section 74(1)
of the Water Industry Act 1994 must make a
claim in Form 9 in Schedule 2.
6.32 Counterclaim
Any counterclaim in a proceeding under section
15(1), 16 or 157(1) of the Water Act 1989 may
r. 6.31
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be in Form 9 in Schedule 2, with any necessary
modification.
Division 4—Compulsory Conference and Mediation
6.33 Definition
In this Division—
"Deputy President" means the Deputy President
in charge of the real property list.
6.34 Notices
Notice of mediation or compulsory conference
must be given to each party to a proceeding in the
same manner as notice of hearing is given.
6.35 Provision of information before compulsory
conference
Unless the Tribunal otherwise orders, at least
7 days prior to the date fixed for a compulsory
conference each party to the proceeding must file
and serve on every other party a short statement of
that party's case and any other information which
is likely to facilitate the efficient conduct of the
conference including any expert reports upon
which that party will rely.
6.36 Report on compulsory conference
If a proceeding does not resolve at a compulsory
conference the person presiding must furnish a
report to the Deputy President as to the conference
and the issues remaining in dispute between the
parties and may give such directions as may be
expedient for the hearing and determination of the
proceeding.
PART 7—RESIDENTIAL TENANCIES LIST
6.37 Application of Part
r. 6.36
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(1) This Part applies to a proceeding in the residential
tenancies list.
(2) Rule 4.07 does not apply to a proceeding in the
residential tenancies list.
6.38 Documents required to be included with certain
applications
(1) An application under section 46(1), 103(1) or
154(1) of the Residential Tenancies Act 1997
(excessive rent or hiring charge) must be
accompanied by a copy of the Director's report
under section 45, 102 or 153 of that Act (as the
case requires) with respect to the relevant rent or
hiring charge.
(2) An application under section 75(1), 132(1) or
191(1) of the Residential Tenancies Act 1997
(non-urgent repairs) must be accompanied by a
copy of the Director's report under section 74, 131
or 190 of that Act (as the case requires) with
respect to the relevant premises, room, rooming
house or caravan.
(3) An applicant referred to in sub-rule (2) must serve
a copy of the report referred to in that section with
the copy of the application.
(4) An application under section 128(1) or 187(1) of
the Residential Tenancies Act 1997
(unreasonable house or caravan park rules)
must—
(a) be accompanied by a copy of the house rules
or caravan park rules (as the case requires);
(b) specify which rules are considered to be
unreasonable; and
(c) specify the reasons why these rules are
considered unreasonable.
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(5) An application under section 209 of the
Residential Tenancies Act 1997 must be
accompanied by a copy of the breach of duty
notice given under section 208.
(6) An application under section 344(1) of the
Residential Tenancies Act 1997 must be
accompanied by an affidavit stating—
(a) the applicant's interest in the premises; and
(b) the circumstances in which the premises
have been occupied without licence or
consent;
(c) the circumstances in which the applicant's
claim to possession arises;
(d) if the person occupying the premises is not
named in the application, the steps that the
applicant has taken to ascertain and identify
the person occupying the premises; and
(e) particulars of the tenancy agreement under
which the applicant claims the premises have
been rented premises within the preceding
12 months.
(7) An application under Division 1 of Part 7 of the
Residential Tenancies Act 1997 (possession
order) must be accompanied by a copy of any
notice to vacate or notice of intention to vacate
given in respect of the rented premises, room, site
or caravan (as the case requires).
(8) A request for determination under section 339 of
the Residential Tenancies Act 1997 must—
(a) be verified by affidavit;
(b) request the making of a possession order
requiring the tenant to vacate the rented
premises;
(c) set out—
r. 6.38
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(i) the name and address of the landlord;
(ii) the name and address of the tenant; and
(iii) details of the tenant's continued
occupation of the rented premises;
(d) be accompanied by a copy of the notice to
vacate given in respect of the rented
premises.
(9) In addition to the requirements of sub-rule (8), a
request for determination relating to an
application under section 335 of the Residential
Tenancies Act 1997 must—
(a) specify the details of the rent owing at the
date of the affidavit;
(b) request the making of a determination of the
amount of rent owing to the landlord by the
tenant; and
(c) request the making of a determination
directing the Authority to pay out an amount
of bond to or on account of the landlord in
respect of the rent owing.
(10) In addition to the requirements of sub-rule (8), a
request for determination relating to a notice to
vacate under section 261 of the Residential
Tenancies Act 1997—
(a) must be accompanied by—
(i) a copy of the tenancy agreement
relating to the rented premises; and
(ii) a copy of the notice given in
accordance with section 337(1) and (2)
of that Act;
(b) may specify the details of the rent owing (if
any) at the date of the affidavit;
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(c) may request the making of a determination
of the amount of rent owing to the landlord
by the tenant (if any);
(d) may request the making of a determination
directing the Authority to pay out an amount
of bond to or on account of the landlord in
respect of the rent owing (if any).
(11) An application under section 374 of the
Residential Tenancies Act 1997 must be
accompanied by a copy of the notice to leave
given under section 368 of that Act.
(12) An application under section 414(1) of the
Residential Tenancies Act 1997 (unpaid rent on
abandonment) must—
(a) be verified by affidavit; and
(b) request the making of a determination of the
amount of rent owing to the landlord by the
tenant; and
(c) request the making of a determination
directing the Authority to pay out an amount
of bond to or on account of the landlord in
respect of the rent owing; and
(d) set out—
(i) the name and address of the landlord;
(ii) the name of the tenant;
(iii) the details of the rent owing at the date
of the affidavit;
(iv) details of the inquiries made by the
landlord as to the whereabouts of the
tenant; and
(v) whether the bond was paid on behalf of
the tenant by the Director of Housing.
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(13) An application under section 419(1) of the
Residential Tenancies Act 1997 (compensation
for loss or damage) must be accompanied by a
copy of the condition report prepared in respect of
the rented premises under section 35, 97 or 148 of
that Act (as the case requires).
6.39 Particulars required to be included with certain
applications
An application under section 210 of the
Residential Tenancies Act 1997 must specify—
(a) the breach of duty alleged; and
(b) the loss or damage caused by the breach.
6.40 Form of notice under section 346 of the Residential
Tenancies Act 1997
For the purpose of section 346 of the Residential
Tenancies Act 1997 the notice shall be in Form
10 in Schedule 2.
6.41 Withdrawal of proceedings
If an applicant withdraws an application pursuant
to section 74 of the Act, the notification in writing
of withdrawal of the application must state—
(a) the name of the applicant, respondent or any
other party to the proceeding;
(b) the address of the premises, room and
rooming house, or caravan, site and caravan
park the subject of the application;
(c) the date of lodgement of the application;
(d) the tribunal file number (if known);
(e) the hearing date of the application (if
known); and
(f) the venue for the hearing (if known).
6.42 Re-opening an order
r. 6.39 r. 6.42
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(1) No more than 2 applications may be made by the
same party under section 120 of the Act in respect
of the same matter, except with the leave of the
Tribunal.
(2) An application for leave under this Rule must be
made in person by the party or representative
appearing before the Tribunal between 9.30 a.m.
and 12.00 noon or between 2.00 p.m. and
4.00 p.m. on any day on which the Tribunal sits.
PART 8—RESIDENTIAL TENANCIES LIST
6.43 Form of application
An application under an enactment allocated to
the retail tenancies list or in a proceeding in that
list must be in Form 11 in Schedule 2.
6.44 Counterclaims
Any counterclaim in a proceeding in the
residential tenancies list must be in Form 11 in
Schedule 2, with any necessary modification
__________________
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SCHEDULES
SCHEDULE 1
ALLOCATION OF FUNCTIONS
PART 1—ADMINISTRATIVE DIVISION
1. General List
The functions of the Tribunal under the following enabling
enactments are allocated to the general list of the administrative
division—
(a) Accident Compensation Act 1985;
(b) Adoption Act 1984 section 129A(1)(a) (decisions regarding
fitness to adopt and approval to adopt);
(c) Births, Deaths and Marriages Registration Act 1996;
(d) Children and Young Persons Act 1989;
(e) Community Services Act 1970;
(f) Country Fire Authority Act 1958;
(g) Dangerous Goods Act 1985;
(h) Domestic (Feral and Nuisance) Animals Act 1994 section
98(2) (declaration and registration of dangerous dogs);
(i) Drugs, Poisons and Controlled Substances (Amendment)
Act 1997;
(j) Emergency Management Act 1986;
(k) Emergency Services Superannuation Act 1986;
(l) Equipment (Public Safety) Act 1994;
(m) Estate Agents Act 1980 section 81(5A) (claims against
guarantee fund);
(n) Freedom of Information Act 1982;
(o) Gaming No. 2 Act 1997;
(p) Health Act 1958 section 125 (compensation for seizure of
property);
(q) Hospitals Superannuation Act 1988;
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(r) Industrial and Provident Societies Act 1958;
(s) Infertility Treatment Act 1995;
(t) Livestock Disease Control Act 1994;
(u) Local Authorities Superannuation Act 1988;
(v) Local Government Act 1989 sections 38(2A) and 48
(decisions of municipal electoral tribunal), section 133
(decision of the Minister imposing a surcharge) and clause 7
of Schedule 5 (decisions of returning officer concerning
how-to-vote cards);
(w) Lotteries Gaming and Betting Act 1966 section 7A
(decisions of Victorian Casino and Gaming Authority under
Part 1);
(x) Mental Health Act 1986 sections 79 (decision of Chief
General Manager), 120 (decisions of Mental Health Review
Board);
(y) Metropolitan Fire Brigades Act 1958;
(z) Motor Car Traders Act 1986 section 79 (claims against
guarantee fund);
(za) Occupational Health and Safety Act 1985;
(zb) Parliamentary Salaries and Superannuation Act 1968;
(zc) Road Transport (Dangerous Goods) Act 1995;
(zd) State Employees Retirement Benefits Act 1979;
(ze) State Superannuation Act 1988;
(zf) Superannuation (Portability) Act 1989;
(zg) Tertiary Education Act 1993;
(zh) The Constitution Act Amendment Act 1958;
(zi) Transport Accident Act 1986;
(zj) Transport Superannuation Act 1988;
(zk) Travel Agents Act 1986 section 46 (claims against approved
compensation schemes);
(zl) Victims of Crime Assistance Act 1996;
(zm) Victoria State Emergency Service Act 1987;
(zn) Victorian Plantations Corporation Act 1993;
(zo) Vocational Education and Training Act 1990.
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2. Land Valuation List
The functions of the Tribunal under the following enabling
enactments are allocated to the land valuation list of the
administrative division—
(a) Flora and Fauna Guarantee Act 1988 section 43(12)
(claims for compensation);
(b) Gift Duty Act 1971 section 36(1)(a) (so much of the
decision of the Commissioner as relates to the value of land);
(c) Health Services Act 1988 section 67 (compulsory
acquisition of land);
(d) Land Acquisition and Compensation Act 1986;
(e) Land Tax Act 1958 section 25(1)(a) (so much of decision of
the Commissioner as relates to the value of land);
(f) Local Government Act 1989 section 183 (differential
rating);
(g) Mildura College Lands Act 1916 section 2(ec) (decision of
Valuer-General on value of land);
(h) Mineral Resources Development Act 1990 section 88
(compensation for loss caused by work under a licence);
(i) Planning and Environment Act 1987 sections 94(5)
(compensation as a result of order to stop development or
cancellation or amendment of permit) and 105 (compensation
for loss caused by reservation of land, restriction of access or
road closure);
(j) Probate Duty Act 1962 section 19A(1)(a) (so much of the
decision of the Commissioner as relates to the value of land);
(k) Stamps Act 1958 section 33B(1)(a) (so much of decision of
the Commissioner as relates to the value of land);
(l) Subdivision Act 1988 section 19 (valuation of land for
public open space);
(m) Valuation of Land Act 1960 Part III (disputes on the value
of land);
(n) Water Act 1989 section 266(6) (setting tariffs, fees under
tariffs, valuation equalisation factors and valuations).
3. Occupational and Business Regulation List
Sch. 1
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The functions of the Tribunal under the following enabling
enactments are allocated to the occupational and business
regulation list of the administrative division—
(a) Adoption Act 1984 section 129A(1)(b) (decisions regarding
approval of adoption agencies);
(b) Agricultural and Veterinary Chemicals (Control of Use)
Act 1992;
(c) Architects Act 1991;
(d) Barley Marketing Act 1993;
(e) Biological Control Act 1986;
(f) Consumer Credit (Victoria) Act 1995 Part 4 (registration
of credit providers);
(g) Dairy Industry Act 1992;
(h) Dangerous Goods Act 1985;
(i) Domestic (Feral and Nuisance) Animals Act 1994 section
98(1) (registration of premises to conduct a domestic animal
business);
(j) Education Act 1958 section 55 (endorsement of school to
accept overseas students);
(k) Estate Agents Act 1980 except sections 56B(1) (see real
property list) and 81(5A) (see general list);
(l) Extractive Industries Development Act 1995 sections 39
(quarry manager's certificates) and 40 (panel inquiry into
quarry manager's fitness);
(m) Farm Produce Wholesale Act 1990 section 20 (licensing of
wholesalers);
(n) Finance Brokers Act 1969;
(o) Firearms Act 1996 section 182 (decisions of Firearms
Appeals Committee);
(p) Health Services Act 1988 section 110 (decisions of Minister
or Chief General Manager under Part 4);
(q) Lotteries Gaming and Betting Act 1966 section 10D
(licensing of amusement machine operators);
(r) Marine Act 1988 section 85 (cancellation and suspension of
certificates and licences);
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(s) Meat Industry Act 1993 section 24 (licences to operate
meat processing facilities, alteration of buildings);
(t) Medical Practice Act 1994 section 60 (registration and
discipline of medical practitioners);
(u) Mineral Resources Development Act 1990 sections 94
(mine manager's certificates) and 95 (panel inquiries into
fitness of mine managers);
(v) Motor Car Traders Act 1986 except sections 45 (see civil
claims list) and 79 (see general list)
(w) Nurses Act 1993 section 58 (registration and discipline of
nurses);
(x) Occupational Health and Safety Act 1985 section 59(6)—
Occupational Health and Safety (Certification of Plant Users
and Operators) Regulations 1994 regulation 28 (certificates
of competency, authorisation of certificate assessors);
(y) Optometrists Registration Act 1996 section 58 (registration
and discipline of optometrists);
(z) Osteopaths Registration Act 1996 section 56 (registration
and discipline of optometrists);
(za) Podiatrists Registration Act 1997 section 56 (registration
and discipline of optometrists);
(zb) Prevention of Cruelty to Animals Act 1986 section 33
(licensing of scientific establishments and breeding
establishments);
(zc) Professional Boxing and Martial Arts Act 1985 (licences,
permits and registration);
(zd) Prostitution Control Act 1994;
(ze) Public Transport Competition Act 1995;
(zf) Second-Hand Dealers and Pawnbrokers Act 1989 sections
9B and 14 (correction of register);
(zg) Therapeutic Goods (Victoria) Act 1994 section 71
(licensing of wholesale supply);
(zh) Trade Measurement Act 1995 section 59 (licensing and
discipline);
(zi) Transport Act 1983 except section 56 (see land valuation
list);
(zj) Travel Agents Act 1986 except section 46 (see general list);
Sch. 1
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(zk) Veterinary Practice Act 1997 section 55 (registration and
discipline);
(zl) Victoria State Emergency Service Act 1987 section
31(2)(d)—Victoria State Emergency Service Regulations
1995 regulation 12 (discipline of members);
(zm) Vocational Education and Training Act 1990 section 81
(registration of non-college providers);
(zn) Wildlife Act 1975.
4. Planning List
The functions of the Tribunal under the following enabling
enactments are allocated to the planning list of the administrative
division—
(a) Catchment and Land Protection Act 1994 section 48 (land
use conditions and land management notices);
(b) Conservation, Forests and Lands Act 1987 section 76
(variation and termination of land management co-operative
agreements);
(c) Environment Protection Act 1970;
(d) Extractive Industries Development Act 1995 except
sections 39 and 40 (see occupational and business licensing
list);
(e) Flora and Fauna Guarantee Act 1988 sections 34(3), 41
and 41A (interim conservation orders);
(f) Heritage Act 1995;
(g) Litter Act 1987 section 8G (litter abatement notices);
(h) Local Government Act 1989 sections 185 (imposition of
special rate or charge) and 185AA (imposition of special rate
or charge);
(i) Mineral Resources Development Act 1990 except sections
88 (see land valuation list), 94 and 95 (see occupational and
business licensing list);
(j) Planning and Environment Act 1987 except sections 94(5)
and 105 (see land valuation list);
(k) Plant Health and Plant Products Act 1995 section 39
(costs and expenses of inspectors);
(l) Subdivision Act 1988 except sections 19 (see land valuation
list), 38 and 39 (see real property list);
Sch. 1
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(m) Transport Act 1983 section 56 (decisions of the Public
Transport Corporation or Roads Corporation)—Transport
(Roads and Property) Regulations 1993 regulation 18;
(n) Water Act 1989 except sections 19 (see real property list)
and 266(6) (see land valuation list);
(o) Water Industry Act 1994 except section 74 (see real
property list).
5. Taxation List
The functions of the Tribunal under the following enabling
enactments are allocated to the taxation list of the administrative
division—
(a) Business Franchise Acts;
(b) Debits Tax Act 1990;
(c) Financial Institutions Duty Act 1982;
(d) Gift Duty Act 1971 with the exception of section 36(1)(a) to
the extent that the decision of the Commissioner relates to the
value of land;
(e) Land Tax Act 1958 with the exception of section 25(1)(a) to
the extent that the decision of the Commissioner relates to the
value of land;
(f) Pay-Roll Tax Act 1971;
(g) Probate Duty Act 1962 with the exception of section
19A(1)(a) to the extent that the decision of the Commissioner
relates to the value of land;
(h) Stamps Act 1958 with the exception of section 33B(1)(a) to
the extent that the decision of the Commissioner relates to the
value of land;
(i) Taxation Administration Act 1997.
PART 2—CIVIL DIVISION
1. Anti-discrimination List
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The functions of the Tribunal under the following enabling
enactment are allocated to the anti-discrimination list of the civil
division—
Equal Opportunity Act 1995.
2. Civil Claims List
The functions of the Tribunal under the following enabling
enactments are allocated to the civil claims list of the civil
division—
(a) Motor Car Traders Act 1986 section 45 (rescission of
agreement of sale of motor car);
(b) Small Claims Act 1973.
3. Credit List
The functions of the Tribunal under the following enabling
enactments are allocated to the credit list of the civil division—
(a) Chattel Securities Act 1987 sections 25 (compensation for
extinguishment of security interest) and 26 (compensation in
relation to registrable goods);
(b) Credit Act 1984;
(c) Credit (Administration) Act 1984;
(d) Consumer Credit (Victoria) Act 1995 except Part 4 (see
occupational and business regulation list).
4. Domestic Building List
The functions of the Tribunal under the following enabling
enactments are allocated to the domestic building list of the civil
division—
(a) Building Act 1993;
(b) Domestic Building Contracts Act 1995;
(c) House Contracts Guarantee Act 1987.
5. Guardianship List
The functions of the Tribunal under the following enabling
enactments are allocated to the guardianship list of the civil
division—
(a) Guardianship and Administration Act 1986;
(b) Instruments Act 1958 section 118;
Sch. 1
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(c) Medical Treatment Act 1988 section 5C (enduring powers
of attorney);
(d) Mental health Act 1986 section 86 (decisions for major
medical procedures)
(e) Trustee Companies Act 1984.
6. Real Property List
The functions of the Tribunal under the following enabling
enactments are allocated to the real property list of the civil
division—
(a) Estate Agents Act 1980 section 56B(1) (disputes about
commission and outgoings);
(b) Subdivision Act 1988 sections 36 and 39 (other disputes);
(c) Water Act 1989 section 19 (civil liability arising from
various causes);
(d) Water Industry Act 1994 section 74 (liability of licensee).
7. Residential Tenancies List
The functions of the Tribunal under the following enabling
enactments are allocated to the residential tenancies list of the civil
division—
Residential Tenancies Act 1997.
8. Retail Tenancies List
The functions of the Tribunal under the following enabling
enactments are allocated to the retail tenancies list of the civil
division—
Retail Tenancies Reform Act 1998.
__________________
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SCHEDULE 2
FORMS
FORM 1
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.03
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
Name of applicant—
Address—
Address for service of documents—
(if different from above)
APPLICATION FOR REVIEW OF A DECISION
I apply to the Victorian Civil and Administrative Tribunal to have the
following decision reviewed—
1. The decision is—
2. The decision was made by—
(a) Name of person or body—
(b) (If applicable) Title or office of decision-maker—
3. Date of decision—
My reasons for making the application are—
Signature—
Date—
To—
The Principal Registrar
Victorian Civil and Administrative Tribunal
[address]
[telephone number]
__________________
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FORM 2
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.03
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
Name of applicant—
Address—
Address for service of documents—
(if different from above)
APPLICATION FOR ORDER
I apply to the Victorian Civil and Administrative Tribunal for (describe the
order sought and include reference to the Act (including the section) or other
legislative provision giving power to make order sought)—
My reasons for making the application are—
Signature—
Date—
To—
The Principal Registrar
Victorian Civil and Administrative Tribunal
[address]
[telephone number]
__________________
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FORM 3
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.04
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
Name of applicant—
Address—
Address for service of documents—
(if different from above)
REFERRAL
I refer the following matter to the Victorian Civil and Administrative
Tribunal (include reference to the Act (including the section) or other
legislative provision authorising the referral)—
Signature—
Date—
To—
The Principal Registrar
Victorian Civil and Administrative Tribunal
[address]
[telephone number]
__________________
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FORM 4
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.13
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
Applicant—
Respondent—
SUMMONS TO APPEAR
To:
Name—
Address—
You are summoned pursuant to section 104 of the Victorian Civil and
Administrative Tribunal Act 1998 to appear before the Victorian Civil and
Administrative Tribunal at [address of Tribunal]
at a.m./p.m. on [date], or, if notice of a later day is given to you
by the Tribunal [or identify party seeking the attendance of the person
summoned] or the solicitor for that party, the later day, and until you are
excused from further attending
* to give evidence; and
* to produce the following documents—
Principal registrar
Date—
* Delete where inapplicable.
Note:
1. Certain fees and allowances are payable to a witness.
2. Failure to attend at the time and place specified above without
reasonable excuse may render you liable to imprisonment, a fine, or
both, as well as a daily penalty until you attend or produce the
document as required, under section 134 of the Victorian Civil and
Administrative Tribunal Act 1998.
3. The Tribunal may direct your apprehension if you fail to attend.
__________________
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FORM 5
Victorian Civil and Administrative Appeals Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.20(1)
ARREST WARRANT
TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF
VICTORIA
Arrest [Name] and bring him or her before the Victorian Civil and
Administrative Tribunal forthwith to give evidence or produce documents (as
the case requires), which he or she failed to do as required by a summons,
and if this is not practicable to bring him or her before the Tribunal
forthwith, detain him or her in custody, and when it is practicable to bring
him or her before the Tribunal, do so forthwith.
Dated
President or Vice President
(as the case requires)
__________________
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FORM 6
Victorian Civil and Administrative Appeals Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.20(2)
ARREST WARRANT
TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF
VICTORIA
Arrest [Name] and bring him or her before the Victorian Civil and
Administrative Tribunal forthwith to answer a charge of contempt of the
Tribunal, and if it is not practicable to bring him or her before the Tribunal
forthwith, detain him or her in custody, and when it is practicable to bring
him or her before the Tribunal, do so forthwith.
Dated
President or Vice President
(as the case requires)
__________________
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FORM 7
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 1998
Rule 4.21
WARRANT OF COMMITTAL
TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF
VICTORIA
AND TO THE GOVERNOR OF THE PRISON AT [PLACE]
[Name]
of [Place]
has this day been found guilty of contempt of this Tribunal and ordered by
this Tribunal to be imprisoned for a term of [Period]—
You the members of the Police Force are authorised and required to take him
or her to the above-mentioned prison and deliver him or her to the Governor
of that prison together with this warrant.
And you the Governor of the above-mentioned prison are authorised and
required to receive him or her into your custody in the prison and to imprison
him or her for the term specified above.
Dated
President
__________________
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FORM 8
Victorian Civil and Administrative Tribunal Rules 1998
APPLICATION
Rules 6.19 and 6.20
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
DOMESTIC BUILDING LIST
Name of applicant(s)—
Address(es)—[include phone/fax number(s)]
Status—[specify whether owner, builder,
sub-contractor, architect or other]
Address for service of documents—
[if different from above]
Site address [if different from above]
Name of Respondent(s)—
Address(es)—[include phone number/fax number(s)]
Status—[specify whether owner, builder, sub-contractor,
architect, insurer, or other]
ORDERS SOUGHT
I apply to the Tribunal for the following orders—
[describe the order or orders sought e.g. $ as cost of rectification]
on the following grounds—
[give a brief description of the ground or grounds e.g. stairway poorly
constructed]
The total claimed does [or does not] exceed $10 000.
Total claimed—$
Insurance appeals—
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[give insurer's reference number and date decision received]—
ref.— date—
Signature—
Date—
To—
The Principal Registrar
Victorian Civil and Administrative Tribunal
[address]
[telephone number]
__________________
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FORM 9
Victorian Civil and Administrative Tribunal Rules 1998
Rules 6.31 and 6.32
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
Name of claimant—
Address—
Address for service of documents—
(if different from above)
Name of respondent—
CLAIM
under the *Water Act 1989/*Water Industry Act 1994
I make this claim under [here specify the particular provision of Division 2 of
Part 2 or section 157 of the Water Act 1989 or section 74(1) of the Water
Industry Act 1994 under which the claim is made and relief is being sought].
STATEMENT OF THE CLAIM
[Set out the material facts relied on including dates and any necessary
particulars]
REMEDY SOUGHT
[Specify the remedy being sought]
*[delete if inapplicable]
Signature—
Date—
To—
The Principal Registrar
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Victorian Civil and Administrative Tribunal
[address]
[telephone number]
__________________
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FORM 10
Victorian Civil and Administrative Appeals Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 1998
Rule 6.40
NOTICE (UNDER SECTION 346 OF THE RESIDENTIAL
TENANCIES ACT 1997) TO OCCUPANT TO APPEAR
BEFORE TRIBUNAL
Address of premises—
1. Take notice that the Victorian Civil and Administrative Appeals Tribunal
has ordered the occupants of the above premises to appear before the
Tribunal sitting at on the day of
at a.m./p.m. to show cause why a warrant of possession should
not be issued.
2. Take notice that it has been stated that the occupants of the premises
include (Names)
but that THIS ORDER APPLIES TO ALL OCCUPANTS OF THE
ABOVE PREMISES, WHETHER NAMED OR NOT.
Date:
Principal Registrar
NOTE: Failure to appear may result in the issue of a warrant of possession
of the above premises.
__________________
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FORM 11
Victorian Civil and Administrative Tribunal Rules 1998
APPLICATION
Rules 6.43 and 6.44
VICTORIAN CIVIL AND ADMINISTRATIVE 19 No.
TRIBUNAL Registry
RETAIL TENANCIES LIST
Name of applicant(s)—
Address(es)—[include phone/fax number(s)]
Status—[specify whether landlord, tenant,
assignee or other]
Address for service of documents—
[if different from above]
Site address [if different from above]
Name of Respondent(s)—
Address(es)—[include phone number/fax number(s)]
Status—[specify whether landlord, tenant,
assignee or other]
ORDERS SOUGHT
I apply to the Tribunal for the following orders—
[describe the order or orders sought e.g. $ by way of compensation]
on the following grounds—
[give a brief description of the ground or grounds]
The total claimed does [or does not] exceed $15 000.
Total claimed—$
Signature—
Date—
To—
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The Principal Registrar
Victorian Civil and Administrative Tribunal
[address]
[telephone number]
Dated: 1 July 1998
MURRAY B. KELLAM, President
FRED G. DAVEY, Vice-President
TIM WOOD, Vice-President
TIMOTHY HOLT, Member
PETER SALLMAN, Member
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