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 The Victorian Civil and Administrative Tribunal |
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Author: Tenants Union of VictoriaThe Victorian Civil and Administrative Tribunal (Residential Tenancies List) has replaced the Residential Tenancies Tribunal as the body that resolves disputes between landlords and tenants. It is not a court, but it is able to make decisions that can be legally enforced. It is intended to be informal and cheap, and to resolve disputes quickly and fairly.
Applications
You can apply to the Tribunal if you have a problem with your landlord that you cannot resolve. It is best to try to resolve your problem by discussing it with your landlord or agent before you apply to the Tribunal. You should get advice from the Tenants Union or a tenant advice service before you make an application.
To make an application, you need to fill out the Victorian Civil and Administrative Tribunal Application Form. The form is available from the Tribunal, the Tenants Union or a tenant advice service. Follow the instructions on the form. Make sure that where the form asks you to name the landlord, you put the landlord's name, and not the name of the estate agent. If the landlord is a company, include the A.C.N. If you are a public tenant, your landlord will be the Director of Housing. There is no fee for return of bond application.
Once you have filled out the form, you will need to get a postal order or bank cheque for the application fee (the Tribunal will not accept personal cheques). If you want to pay cash, you must take your application to the Tribunal in person. If you cannot afford to pay the application fee, you can ask the Registrar to waive the fee. It is best to do this in person. Otherwise, contact the Tenants Union for advice on procedure.
A copy of your application must be sent to the landlord, preferably by certified or registered mail. Keep the mail receipt and your copy of the application.
Notice of tribunal hearing
You will receive a notice from the Tribunal telling you when and where your hearing is to take place. The amount of time it takes for the Tribunal to set a date for the hearing depends on the type of application, and how busy the Tribunal is.
If you are unable to attend the Tribunal on the day of the hearing you will need to get advice from the Tenants Union or a tenant advice service about how to get an adjournment. If you need an interpreter, you should contact the Tribunal before the hearing date to let them know. The Tribunal should arrange an interpreter for your hearing.
Preparing your case
When you make an application to the Tribunal you are responsible for proving your case. Even though the law may be on your side, you will have to convince the Tribunal to make the orders you want. This means that, before the hearing, you should get any letters or documents that you want the Tribunal to see, and arrange for any witnesses to attend on the day of hearing. The Tribunal will not adjourn your case because you have not got your witnesses or letters with you, nor will they make phone calls to verify your story. It is all up to you to make sure you present the best possible case, and you have only one chance to get your point across.
It is better to have someone give evidence in person than to rely on a letter or statutory declaration. If a witness refuses to attend the hearing and you believe their evidence is important, you can ask the Tribunal to issue a subpoena. You must apply for a subpoena before your hearing date. This is an order that a person must attend the Tribunal and give evidence. Otherwise, witnesses can give their evidence in a statutory declaration (available at most newsagents).
Make a few brief notes outlining what you want to say at the hearing, including a list of the documents you want to show the Tribunal. Being organised is the key to presenting a good case.
Representation
Generally, the parties are required to present their own cases at the Tribunal. You are, however, entitled to legal representation when:
- the landlord is trying to have you evicted;
- the landlord is legally qualified or has substantial experience presenting cases to the Tribunal;
- the landlord is a company; and
- the Tribunal believes you should be legally represented.
In some cases, non-legal representation (eg by a tenant worker) will be allowed by the Tribunal. If you believe you need representation, you should contact the Tenants Union or a tenant advice service. However, these organisations are usually only able to represent you if you are unable to effectively represent yourself, or if your case is complex.
Hearings
Make sure that you arrive at the Tribunal on time. If you are late, the hearing will go ahead without you. To be sure, plan to get there 15 minutes before the hearing time.
After you have told the counter staff that you have arrived, you will be called into the hearing room. The 'member' (the person who will decide your case) will ask you and the landlord or agent to take an oath on the Bible or to make an affirmation that you will tell the truth.
The way in which your case is heard will depend on the particular member who hears your case (they are all a bit different). Usually, however, the person who made the application will be asked to present their case first.
Never lose your temper. Keep your arguments clear and to the point, and don't be intimidated by the landlord, agent or member. Make sure you are given the opportunity to mention everything you believe is relevant to your case.
Orders
After hearing both you and your landlord or agent, the Tribunal member will make an 'order', which is the decision on your case. If you do not understand the order, ask the member to explain it to you. You will be sent a written copy of the order a couple of weeks after the hearing. You can ask the Tribunal to provide written reasons for the decision that they make, but you have to ask for them before the end of the hearing.
If you are unhappy about the decision made by the Tribunal, you can only appeal in very limited circumstances. Appeals are to the Supreme Court and can be very expensive. You should get advice from the Tenants Union as soon as possible if you want to appeal.
Contact details
The Victorian Civil and Administrative Tribunal (Residential Tenancies List) is located at 55 King Street Melbourne, phone (03) 9628 9800 (toll free 1800 133 055),fax (03) 9628 9822.
The information in this Fact Sheet is not legal advice. It is intended as a general guide only. It applies only to legislation current in the state of Victoria, Australia. For information regarding a specific tenancy problem, contact the Tenants Union. The Tenants Union accepts no responsibility for actions based on this information, nor for actions based on electronic translations of this information.
October, 2001
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