Civil Division Application Guide Victorian Civil and Administrative Tribunal Rules 2008 Rule 4.03 Form 2 Application for Order The exists to resolve matters related to real estate. These include disputes concerning: the amount of commissions or outgoings charged by an estate agent; the acquisition or removal of easements; subdivisions but not related to planning or environmental issues; disputes about owners corporations which are related to the subdivision of land affected by an owners corporation; civil liability arising from various causes regarding the taking, use or flow of water; liability of licensees arising out of flow of water; sale or division of co-owned land or goods. Who can apply to VCAT Anyone who has a dispute as to the estate agent s commission may be heard upon reference by the Director of Consumer Affairs Victoria; A subdivider seeking the creation of an easement over neighbouring land, or the removal of an easement over the subdivider s land, may apply for the creation or removal of that easement under the Subdivision Act 1988; An owners corporation may apply to VCAT about a matter arising under the subdivision legislation; An owner of a lot affected by an owners corporation or a purchaser in possession of a lot affected by an owners corporation may apply to VCAT about a matter arising under the subdivision legislation; Owners corporations and owners of land affected by an owners corporation may also apply about the interests in land affected by an owners corporation, including about a change to the lot entitlements or lot liabilities attached to land affected by the corporation. Any person(s) suffering damage from flows of water may file their claims for damages under the Water Act 1989 and the Water Industry Act 1994; Any person(s) seeking orders for sale or division of co-owned land or goods may apply under the Property Law Act 1958. NB: A fee must be paid with this application. Legislation prevents us from taking any action about your application until you pay either the fee or request that VCAT waive the fee because paying it will cause you financial hardship. For more information, please refer to the payment details part of this guide. Help and assistance If you need further assistance to complete this application, please contact our customer service centre 9628 9960 or visit our website at www.vcat.vic.gov.au. GPO Box 5408, Melbourne VIC 3001 Email :VCAT-Civil-Division@justice.vic.gov.au Facsimile 03 9628 9988
2 Before Submitting your application Before submitting your application, please confirm that you have done the following: Have you paid/arranged for fees to be paid/waived. Have you provided the applicant s/respondent s current address Have you provided a Victorian site address. Have you provided the ABN / ACN numbers, where applicable Have you provided the grounds/reasons for this Order. Have you acknowledged the application by providing your full name in the acknowledgement section. Have you kept a copy of your application.
3 Do you need to complete this form Which list of VCAT are you applying to? Do you fall into any of the categories as mentioned under Who can apply to VCAT If yes, please select the option. If no, please seek independent legal advice. The Victoria Legal Aid can be contacted on the following number: Legal Information Service Helpline: (03) 9269 0120 or 1800 677 402 (country callers) +61 3 9269 0120 (overseas callers) Hours of operation Monday to Friday 8.45 am to 5.15 pm (Australian Eastern Standard Time) Applicant details Is the applicant an individual or an organisation/company? If you are a natural person, please select the individual option. If you are an organisation or a company, please select the organisation/company option. If you have selected the Individual option, the following information is required: Applicant Details Please provide your title e.g. Dr; Mr; Mrs; Miss, Ms, followed by your surname (last name), given name 1(first name) and given name 2 (middle name). Please provide your residential address for service of documents. Please note a PO Box address is not sufficient. Please provide a current phone number. A fax number is preferable as the Tribunal often communicates with parties via fax. If you have selected the Organisation/Company option, the following information is required: Applicant Details Please provide the name of your organisation or company. Contact Person Please provide details of the person you wish the Tribunal to communicate with. Please provide your registered business address for service of documents. Please provide a current phone number. A fax number is preferable as the Tribunal often communicates with parties via fax. Is the Applicant represented? Do you have legal representation or is any other person/organisation/company representing you? Please select the appropriate option. NB: If you select Yes, the Tribunal will only communicate with the appointed representative.
4 Applicant s representative details Name of Law firm or other professional advocate representative If you are represented by a solicitor or professional advocate, please provide the name of the Law Firm or organisation and their reference number, if applicable. If you are represented by a layperson, please provide their full name. Contact Person Please provide the full name of the solicitor or professional advocate handling your claim. Please provide the address of your representative. Please note that all VCAT correspondence will be sent to this address. Please provide at least one phone number for your representative. A fax number is preferable as the Tribunal often communicates with parties via fax. Respondent details Is there a respondent? If there is a respondent, please select the option yes. Is the respondent an individual or an organisation? If you are a natural person, please select the individual option. If you are an organisation or a company, please select the organisation/company option. If you have selected the Individual option, the following information is required: Name Please provide the respondent s title e.g. Dr; Mr; Mrs; Miss, Ms, followed by the surname (last name), given name 1(first name) and given name 2 (middle name). Please provide the respondent s residential address for service of documents. Please note a PO Box address is not sufficient. Please provide a current phone number. A fax number is preferable as the Tribunal often communicates with parties via fax. If you have selected the organisation option, the following information is required: Name Please provide the details of the Organisation s name, ACN and contact person. Please provide the organisation s registered business address for service of documents. Please provide at least one phone number for the respondent. A fax number is preferable as the Tribunal often communicates with parties via fax.
5 I apply to the Tribunal for the following orders Application for Order What do you want VCAT to do? Please describe the order you are seeking, in particular, making reference to the relevant section of the ACT or other legislative provisions that gives the Tribunal powers to make the order you seek. Please seek independent legal advice if you are unsure of the relevant ACT or other legislative provisions. Reasons for application Please provide a brief description of the reason(s) you are seeking the above orders from VCAT. Supporting documents If you wish to attach any supporting documents with this application form such as points of claim, expert reports or schedule of parties, please select the appropriate options. If the document you wish to attach is not listed as an option, please select other and specify what the document is. Payment details A fee must be paid with this application. Please refer to the table below. Estate Agents Act 1980 section 56B(1) (disputes about commission and outgoings); $322.00 Fair Trading Act 1999; where amount sought is under $10,000 Fair Trading Act 1999; where amount sought is $10,000 or more but not exceeding $100,000 Fair Trading Act 1999; where amount sought is $100,000 or more $38.80 $322.00 $645.30 Owners Corporations Act 2006 Part 6 and Part 11; $38.80 Property Law Act 1958 Part IV; $322.00 Sale of Land Act 1962 section 44; $322.00 Subdivision Act 1988 sections 36 and 39 (other disputes); $38.80 Water Act 1989 section 19 (civil liability arising from various causes); $38.80 Water Industry Act 1994 section 74 (liability of licensee). $38.80 If mailing the application you can pay by credit card, cheque or money order made out to the Victorian Civil and Administrative Tribunal. If Faxing the application to 03 9628 9988, you can only pay by credit card. If paying by credit card, you will also need to complete a Payment by Credit Card form available at www.vcat.vic.gov.au or by calling VCAT.
6 If paying in person at the Ground Floor, 55 King Street, Melbourne, you can pay over the counter by credit card, cheque, money order, cash or eftpos. Hearing fees are applicable for both claims and counterclaims on and from the second day of hearing. Please obtain a payment form from the Bench Clerk present in the hearing room before the commencement of each day of the hearing. A person who wishes to have a fee waived is required to complete the fee waiver form. This form and information regarding the poverty line table is available from the VCAT website at http://www.vcat.vic.gov.au or by contacting the Customer Service section on (03) 9628 9960. What Act are you making this claim under? Please specify the appropriate Act that your claim falls under. Acknowledgement Please ensure you provide your full name and date your application in this section. Also remember to tick the checkbox confirming that you have read and understood the statements specified under the acknowledgement section. Privacy statement The information collected in this application will be used to assess the application and determine eligibility to initiate a proceeding at VCAT. The Victorian Civil and Administrative Tribunal Act 1998 governs what information is available to the public. The Information Privacy Act 2000 (the Act) and the Victorian Privacy Principles set out the requirements that persons must abide by. Section 10 of the Act refers to Courts and Tribunals and the exemptions that apply to them. For further information regarding VCAT's privacy policy, please visit www.vcat.vic.gov.au You can lodge your application electronically or by: Lodgement Mailing it to: Victorian Civil and Administrative Tribunal GPO Box 5408 Melbourne Vic 3001 Or DX 210576 Melbourne Delivering it in person to: Victorian Civil and Administrative Tribunal Ground Floor 55 King Street Melbourne Vic 3000 Office hours: 9am-4.30pm Monday to Friday (closed public holidays) Faxing it to: 61 03 9628 9988