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Action. Apply to VCAT. We tell you if we can help, give you fees and timeframes, and get you into the right application. Respond to an application or VCAT notice. When you get an application or notice about the start of a case, find out what this means and what to do next. Join a VCAT case.

DECISIONS | VCAT

Decisions and orders. After we listen to both sides of a dispute at VCAT, we make a decision and give reasons. We also make an order. Find out how to ask for written reasons and about the different types of

orders we can make.

NEW RENTING LAWS AND TRANSITIONAL REGULATIONS New residential tenancy laws came into effect on 29 March 2021 under the Residential Tenancies Act 1997. The COVID-19 temporary emergency measures, introduced in 2020 in response to the COVID-19 pandemic, have ended. Transitional Regulations have been introduced that affect some VCAT orders and applications as we transition to the new laws. HOW TO JOIN A PHONE OR VIDEOCONFERENCE Dial the VCAT Teleconference Centre phone number and follow the prompts to enter your PIN, followed by the ‘hash’ or ‘pound’ (#) key on your phone keypad. You will enter a lobby, which serves as a 'virtual waiting room'. Allow some time for everyone taking part in your hearing to join. There may be other people in the lobby waiting

for

APPLICATIONS IN PROGRESS Go to the Homepage. Under ’What do you want to do?’ choose 'Apply to VCAT'. Select your case type. After we have received an application, it will be scheduled or 'listed' for a VCAT hearing, mediation or compulsory conference. We'll send you the time, date and location of the hearing in CURRENT OBJECTOR APPLICATIONS FOR REVIEW Current objector applications for review. Each day at about 4.30pm we publish applications for review that we have received under section 82 of the Planning and Environment Act 1987. This information allows councils and responsible authorities to check whether we received objections to permit applications within the required 28 days. APPOINTMENT OF AN ADMINISTRATOR AND/OR GUARDIAN Appointment of an administrator and/or guardian – Application for order. Use this form to ask VCAT to appoint: a guardian for people unable to make reasoned decisions about their lifestyle, including health care, employment and living arrangements. an administrator for people unable to make reasoned decisions about their financial and

PRACTICE NOTE

Practice note - PNPE9 - Amendment of plans and applications. This practice note describes how procedures should be handled in relation to the amendment of plans SUMMARY OF PROOFS FOR POSSESSION APPLICATIONS You must attach, at least, the following documents. A copy of the Notice to Vacate and proof of service, A copy of any documents required to be attached and served with the Notice to Vacate, GENERAL APPLICATION TO THE RESIDENTIAL TENANCIES LIST GENERAL APPLICATION TO THE RESIDENTIAL TENANCIES LIST ABOUT THIS FORM Use this form if you are a residential rental provider (landlord), renter (tenant), caravan park owner, HOME | VCATWHAT VCAT DOESCASE TYPESVCAT PROCESSFEESDECISIONSOPEN

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Action. Apply to VCAT. We tell you if we can help, give you fees and timeframes, and get you into the right application. Respond to an application or VCAT notice. When you get an application or notice about the start of a case, find out what this means and what to do next. Join a VCAT case.

DECISIONS | VCAT

Decisions and orders. After we listen to both sides of a dispute at VCAT, we make a decision and give reasons. We also make an order. Find out how to ask for written reasons and about the different types of

orders we can make.

NEW RENTING LAWS AND TRANSITIONAL REGULATIONS New residential tenancy laws came into effect on 29 March 2021 under the Residential Tenancies Act 1997. The COVID-19 temporary emergency measures, introduced in 2020 in response to the COVID-19 pandemic, have ended. Transitional Regulations have been introduced that affect some VCAT orders and applications as we transition to the new laws. HOW TO JOIN A PHONE OR VIDEOCONFERENCE Dial the VCAT Teleconference Centre phone number and follow the prompts to enter your PIN, followed by the ‘hash’ or ‘pound’ (#) key on your phone keypad. You will enter a lobby, which serves as a 'virtual waiting room'. Allow some time for everyone taking part in your hearing to join. There may be other people in the lobby waiting

for

APPLICATIONS IN PROGRESS Go to the Homepage. Under ’What do you want to do?’ choose 'Apply to VCAT'. Select your case type. After we have received an application, it will be scheduled or 'listed' for a VCAT hearing, mediation or compulsory conference. We'll send you the time, date and location of the hearing in CURRENT OBJECTOR APPLICATIONS FOR REVIEW Current objector applications for review. Each day at about 4.30pm we publish applications for review that we have received under section 82 of the Planning and Environment Act 1987. This information allows councils and responsible authorities to check whether we received objections to permit applications within the required 28 days. APPOINTMENT OF AN ADMINISTRATOR AND/OR GUARDIAN Appointment of an administrator and/or guardian – Application for order. Use this form to ask VCAT to appoint: a guardian for people unable to make reasoned decisions about their lifestyle, including health care, employment and living arrangements. an administrator for people unable to make reasoned decisions about their financial and

PRACTICE NOTE

Practice note - PNPE9 - Amendment of plans and applications. This practice note describes how procedures should be handled in relation to the amendment of plans SUMMARY OF PROOFS FOR POSSESSION APPLICATIONS You must attach, at least, the following documents. A copy of the Notice to Vacate and proof of service, A copy of any documents required to be attached and served with the Notice to Vacate, GENERAL APPLICATION TO THE RESIDENTIAL TENANCIES LIST GENERAL APPLICATION TO THE RESIDENTIAL TENANCIES LIST ABOUT THIS FORM Use this form if you are a residential rental provider (landlord), renter (tenant), caravan park owner,

DECISIONS | VCAT

Decisions and orders. After we listen to both sides of a dispute at VCAT, we make a decision and give reasons. We also make an order. Find out how to ask for written reasons and about the different types of

orders we can make.

CONTACTS AND LOCATIONS Call us. Within Australia. 1300 01 8228. Monday to Friday 9am-4.30pm (Closed public holidays) Translating and Interpreting Service: 131 450 Family Violence Support: 03 9628 9856 Koori support team: 0417 516 335 International: +61 3 8685 1462 For all media enquiries go to the media

centre.

UPCOMING HEARINGS

We are currently holding hearings by phone and videoconference from Monday to Friday. Hearings are shown for the next five days. COVID-19 restrictions commencing on 28 May 2021 do not affect these hearings, unless we notify you otherwise. Your hearing details may change. Check back after 4pm the day before your hearing to confirm. LEGAL AND PROFESSIONAL REPRESENTATION the Victorian Government, a government minister or a person representing the government. a public authority, for example a local council, or VicRoads. someone who holds a statutory office. a credit provider. a builder’s warranty insurer. if the other party has an automatic right to be represented. ENFORCE A VCAT ORDER Where the amount to be paid is over $100,000, you can enforce the monetary order in either the County Court or the Supreme Court. You will need to pay a court fee to enforce the order. These fees can be added to the debt the party owes you. Bear in mind that the debtor may be bankrupt or have no property or income that can be used to pay the

debt.

SUMMONS A WITNESS

Summons a witness. A summons is a legal document that says someone must produce documents or appear at VCAT on a certain date to give verbal evidence. The person summonsed may attend a VCAT hearing by phone or videoconference, and can send summonsed documents to VCAT by email. In the Summons to appear form, you can ask a person to: be a

witness

HOW TO COMMUNICATE WITH VCAT AND OTHER PARTIES If you’re attending VCAT by phone or videoconference you must send copies to VCAT and the other parties by email. If you need to talk to VCAT about a case, contact us. Do not contact a VCAT member directly about any aspect of a case. You must show respect when you CHANGE OR WITHDRAW YOUR APPLICATION Changing your application. If you want to change your application, for example to add more information or change the amount you are claiming, you will need to write to VCAT and quote the reference number we give you when you apply. Send any documents that support why you want to

make the change.

VCAT RESIDENTIAL TENANCIES HUB The Residential Tenancies Hub can be used to apply to apply to VCAT about a renting dispute. You can create an account if you are: Residential Rental Provider. Renter. Rooming House Operator. Rooming House Resident. Register now to create an account. If you are a real estate agent or a representative of a community housing group and need

to

CURRENT OBJECTOR APPLICATIONS FOR REVIEW Current objector applications for review. Each day at about 4.30pm we publish applications for review that we have received under section 82 of the Planning and Environment Act 1987. This information allows councils and responsible authorities to check whether we received objections to permit applications within the required 28 days. HOME | VCATWHAT VCAT DOESCASE TYPESVCAT PROCESSFEESDECISIONSOPEN

SEARCH

Action. Apply to VCAT. We tell you if we can help, give you fees and timeframes, and get you into the right application. Respond to an application or VCAT notice. When you get an application or notice about the start of a case, find out what this means and what to do next. Join a VCAT case.

OUR MEMBERS

Our members have specialist knowledge and qualifications, and most have a legal background. All our members must have: a high level of

integrity

RECORDINGS AND TRANSCRIPTS OF VCAT HEARINGS Complete the request form to transcribe a same day proceeding and include the supplier's details. Send the completed form by email or post. By email: transcripts@vcat.vic.gov.au. By post: Digital Recording Manager. Victorian Civil and Administrative Tribunal. 55 King Street. Melbourne 3000. CHANGE OR WITHDRAW YOUR APPLICATION If you want to change your application, for example to add more information or change the amount you are claiming, you will need to write to VCAT and quote the reference number we give you when you apply. Send any documents that support why you want to make the change. You may be allowed to change your application before the final

hearing.

COMMERCIAL TENANCY RELIEF SCHEME On 1 May 2020, Parliament passed the COVID-19 Omnibus (Emergency Measures) Act 2020, which provided for the introduction of a rent relief scheme to ease the financial hardship faced by tenants.. The process tenants seeking rent relief need to follow is set out in the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (‘the Regulations’).

PRACTICE NOTE

Practice note - PNVCAT2 - Expert evidence. This practice note applies to any evidence given to VCAT by an expert witness, reports to be used as evidence, and arrangements for a

SUMMONS A WITNESS

Summons a witness. A summons is a legal document that says someone must produce documents or appear at VCAT on a certain date to give verbal evidence. The person summonsed may attend a VCAT hearing by phone or videoconference, and can send summonsed documents to VCAT by email. In the Summons to appear form, you can ask a person to: be a

witness

ADJOURNMENT APPLICATION Adjournment application. A change to the date of a directions hearing, mediation, compulsory conference or hearing is called an adjournment. Applications for adjournment of a hearing are not encouraged and there should be no expectation an adjournment will be granted even if all parties consent. Applications for an adjournment should be made at CURRENT OBJECTOR APPLICATIONS FOR REVIEW Current objector applications for review. Each day at about 4.30pm we publish applications for review that we have received under section 82 of the Planning and Environment Act 1987. This information allows councils and responsible authorities to check whether we received objections to permit applications within the required 28 days. APPOINTMENT OF AN ADMINISTRATOR AND/OR GUARDIAN Appointment of an administrator and/or guardian – Application for order. Use this form to ask VCAT to appoint: a guardian for people unable to make reasoned decisions about their lifestyle, including health care, employment and living arrangements. an administrator for people unable to make reasoned decisions about their financial and HOME | VCATWHAT VCAT DOESCASE TYPESVCAT PROCESSFEESDECISIONSOPEN

SEARCH

Action. Apply to VCAT. We tell you if we can help, give you fees and timeframes, and get you into the right application. Respond to an application or VCAT notice. When you get an application or notice about the start of a case, find out what this means and what to do next. Join a VCAT case.

OUR MEMBERS

Our members have specialist knowledge and qualifications, and most have a legal background. All our members must have: a high level of

integrity

RECORDINGS AND TRANSCRIPTS OF VCAT HEARINGS Complete the request form to transcribe a same day proceeding and include the supplier's details. Send the completed form by email or post. By email: transcripts@vcat.vic.gov.au. By post: Digital Recording Manager. Victorian Civil and Administrative Tribunal. 55 King Street. Melbourne 3000. CHANGE OR WITHDRAW YOUR APPLICATION If you want to change your application, for example to add more information or change the amount you are claiming, you will need to write to VCAT and quote the reference number we give you when you apply. Send any documents that support why you want to make the change. You may be allowed to change your application before the final

hearing.

COMMERCIAL TENANCY RELIEF SCHEME On 1 May 2020, Parliament passed the COVID-19 Omnibus (Emergency Measures) Act 2020, which provided for the introduction of a rent relief scheme to ease the financial hardship faced by tenants.. The process tenants seeking rent relief need to follow is set out in the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (‘the Regulations’).

PRACTICE NOTE

Practice note - PNVCAT2 - Expert evidence. This practice note applies to any evidence given to VCAT by an expert witness, reports to be used as evidence, and arrangements for a

SUMMONS A WITNESS

Summons a witness. A summons is a legal document that says someone must produce documents or appear at VCAT on a certain date to give verbal evidence. The person summonsed may attend a VCAT hearing by phone or videoconference, and can send summonsed documents to VCAT by email. In the Summons to appear form, you can ask a person to: be a

witness

ADJOURNMENT APPLICATION Adjournment application. A change to the date of a directions hearing, mediation, compulsory conference or hearing is called an adjournment. Applications for adjournment of a hearing are not encouraged and there should be no expectation an adjournment will be granted even if all parties consent. Applications for an adjournment should be made at CURRENT OBJECTOR APPLICATIONS FOR REVIEW Current objector applications for review. Each day at about 4.30pm we publish applications for review that we have received under section 82 of the Planning and Environment Act 1987. This information allows councils and responsible authorities to check whether we received objections to permit applications within the required 28 days. APPOINTMENT OF AN ADMINISTRATOR AND/OR GUARDIAN Appointment of an administrator and/or guardian – Application for order. Use this form to ask VCAT to appoint: a guardian for people unable to make reasoned decisions about their lifestyle, including health care, employment and living arrangements. an administrator for people unable to make reasoned decisions about their financial and NEW RENTING LAWS AND TRANSITIONAL REGULATIONS New residential tenancy laws came into effect on 29 March 2021 under the Residential Tenancies Act 1997. The COVID-19 temporary emergency measures, introduced in 2020 in response to the COVID-19 pandemic, have ended. Transitional Regulations have been introduced that affect some VCAT orders and applications as we transition to the new laws. RECORDINGS AND TRANSCRIPTS OF VCAT HEARINGS Complete the request form to transcribe a same day proceeding and include the supplier's details. Send the completed form by email or post. By email: transcripts@vcat.vic.gov.au. By post: Digital Recording Manager. Victorian Civil and Administrative Tribunal. 55 King Street. Melbourne 3000. LEGAL AND PROFESSIONAL REPRESENTATION the Victorian Government, a government minister or a person representing the government. a public authority, for example a local council, or VicRoads. someone who holds a statutory office. a credit provider. a builder’s warranty insurer. if the other party has an automatic right to be represented. ENFORCE A VCAT ORDER Where the amount to be paid is over $100,000, you can enforce the monetary order in either the County Court or the Supreme Court. You will need to pay a court fee to enforce the order. These fees can be added to the debt the party owes you. Bear in mind that the debtor may be bankrupt or have no property or income that can be used to pay the

debt.

HOW TO COMMUNICATE WITH VCAT AND OTHER PARTIES If you’re attending VCAT by phone or videoconference you must send copies to VCAT and the other parties by email. If you need to talk to VCAT about a case, contact us. Do not contact a VCAT member directly about any aspect of a case. You must show respect when you RESPOND TO AN APPLICATION You must send all documents you plan to use as evidence to VCAT and all the parties in the case. Make sure you do this by email to renting@vcat.vic.gov.au three business days before your hearing. If it’s an urgent application, send them right away. If you don't, your hearing may be delayed. RESPOND TO AN APPLICATION How to respond. A response is a statement from you saying whether you agree or disagree with the applicant and what they say in their application. You may hear this called a defence, 'points of defence' or ‘statement of grounds’ by the member in the hearing, in orders and directions and in reasons. It lets VCAT and the applicant know

what

ADJOURNMENT APPLICATION Adjournment application. A change to the date of a directions hearing, mediation, compulsory conference or hearing is called an adjournment. Applications for adjournment of a hearing are not encouraged and there should be no expectation an adjournment will be granted even if all parties consent. Applications for an adjournment should be made at DISPUTE LEGAL COSTS OR SEEK COMPENSATION the costs in dispute are less than $29,160 (for applications made in the year ending 30 June 2021). The Legal Profession Uniform Law (Victoria) is in Schedule 1 of the Legal Profession Uniform Law Application Act 2014. Under the Australian Consumer Law and Fair Trading Act 2012, we can hear disputes about costs and legal services. HOW TO JOIN A PHONE OR VIDEOCONFERENCE Dial the VCAT Teleconference Centre phone number and follow the prompts to enter your PIN, followed by the ‘hash’ or ‘pound’ (#) key on your phone keypad. You will enter a lobby, which serves as a 'virtual waiting room'. Allow some time for everyone taking part in your hearing to join. There may be other people in the lobby waiting

for

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