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

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

S.R. No. 35/2014

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

4Principal Rules

PART 2—NEW BUILDING AND PROPERTY LIST AMENDMENTS

5Lists

6Information in relation to respondents to accompany certain applications

7Part 4 of Order 6 and related Form 7 revoked

8Part 6 of Order 6 and related Form 8 revoked

9Part 8 of Order 6 and related Form 11 revoked

10Planning and Environment List

11Review and Regulation List

12New clause 7 of Schedule 1 inserted

7Building and Property List

13Domestic Building List, Real Property List and Retail
Tenancies List revoked

PART 3—AMENDMENTS RELATING TO FORMS AND ALLOCATION OF ENACTMENTS TO REVIEW AND REGULATION LIST

14Rule 4.03 substituted

4.03Form of application or referral

15Rule 4.04 revoked

16Applications to the planning and environment list

17Form of application

18Notifications

19Interlocutory applications

20Rules 7.05 and 7.08 revoked

21Allocation of jurisdiction—Review and Regulation List

22Redundant forms revoked

PART 4—MISCELLANEOUS AMENDMENTS

23Rule 6.10 substituted

6.10Documents to accompany an application

24Allocation of jurisdiction under Road Safety Act 1986 to Review and Regulation List

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 35/2014

Victorian Civil and Administrative Tribunal Act 1998

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

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008—

(a)to provide for a new Building and Property List in the Civil Division of the Tribunal; and

(b)to make other miscellaneous amendments to Lists and general procedure.

2Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3Commencement

(1)These Rules, except Parts 2 and 3, come into operation on 19 May 2014.

(2)Parts 2 and 3 come into operation on 1 July 2014.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

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PART 2—NEW BUILDING AND PROPERTY LIST AMENDMENTS

5Lists

For Rule 2.03(3) of the Principal Rules substitute—

"(3)The following lists of the civil division are established—

(a)building and property list;

(b)civil claims list;

(c)owners corporations list;

(d)residential tenancies list.".

6Information in relation to respondents to accompany certain applications

For Rule 4.05A(1) of the Principal Rules substitute—

"(1)This Rule applies to an application to the Tribunal in one of the following lists—

(a)the building and property list;

(b)the civil claims list;

(c)the owners corporations list.".

7Part 4 of Order 6 and related Form 7 revoked

(1)Part 4 of Order 6 of the Principal Rules is revoked.

(2)In Schedule 2 to the Principal Rules, Form 7 is revoked.

8Part 6 of Order 6 and related Form 8 revoked

(1)Part 6 of Order 6 of the Principal Rules is revoked.

(2)In Schedule 2 to the Principal Rules, Form 8 is revoked.

9Part 8 of Order 6 and related Form 11 revoked

(1)Part 8 of Order 6 of the Principal Rules is revoked.

(2)In Schedule 2 to the Principal Rules, Form 11 is revoked.

10Planning and Environment List

In item 4.15 of Schedule 1 to the Principal Rules for "real" substitute "building and".

11Review and Regulation List

In item 5.29 of Schedule 1 to the Principal Rules for "real" substitute "building and".

12New clause 7 of Schedule 1 inserted

After clause 6 of Schedule 1 to the Principal Rules insert—

"7   Building and Property List

(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the building and property list of the civil division.

7.1Australian Consumer Law and Fair Trading Act 2012;

7.2Building Act 1993 except Division 12 of Part 12A and sections 25J and 182A and clause 10(3) and (4) of Part 2 of Schedule 7;

7.3Domestic Building Contracts Act 1995;

7.4Estate Agents Act 1980 sections 56A(4) and 56B(1) (disputes about commissions and outgoings);

7.5House Contracts Guarantee Act 1987;

7.6Owners Corporations Act 2006 Part 6 and Part 11;

7.7Property Law Act 1958 Part IV;

7.8Retail Leases Act 2003;

7.9Sale of Land Act 1962 section 44;

7.10Water Act 1989 section 19 (civil liability arising from various causes).

(2)If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the building and property list of the civil division.".

13Domestic Building List, Real Property List and Retail Tenancies List revoked

Clauses 8, 10 and 12 of Schedule 1 to the Principal Rules are revoked.

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PART 3—AMENDMENTS RELATING TO FORMS AND ALLOCATION OF ENACTMENTS TO REVIEW AND REGULATION LIST

14Rule 4.03 substituted

For Rule 4.03 of the Principal Rules substitute—

"4.03   Form of application or referral

(1)An application to the Tribunal must be in the appropriate application form published on the Tribunal's website or available in hard copy from the registry.

(2)A referral to the Tribunal must be in the appropriate referral form published on the Tribunal's website or available in hard copy from the registry.

(3)A form referred to in subrule (1) or (2) may contain any necessary modification.".

15Rule 4.04 revoked

Rule 4.04 of the Principal Rules is revoked.

16Applications to the planning and environment list

Rule 5.03(2) of the Principal Rules is revoked.

17Form of application

Rule 5.06(2) of the Principal Rules is revoked.

18Notifications

Rule 7.02(6) of the Principal Rules is revoked.

19Interlocutory applications

Rule 7.03(3) of the Principal Rules is revoked.

20Rules 7.05 and 7.08 revoked

Rule 7.05 and Rule 7.08 of the Principal Rules are revoked.

21Allocation of jurisdiction—Review and Regulation List

(1)In clause 5 of Schedule 1 to the Principal Rules, at the foot of item 5.72 insert—

"Note

On the repeal of the Travel Agents Act 1986 by the Travel Agents Repeal Act 2014, section 4 of the Travel Agents Repeal Act continues rights in relation to the compensation scheme despite the repeal of the Travel Agents Act 1986.".

(2)In clause 5 of Schedule 1 to the Principal Rules, in item 5.82 for "2005." substitute "2005;".

(3)In clause 5 of Schedule 1 to the Principal Rules, after item 5.82 insert—

"5.83Workplace Injury Rehabilitation and Compensation Act 2013.".

22Redundant forms revoked

In Schedule 2 to the Principal Rules, Forms 1, 2 and 3 are revoked.

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PART 4—MISCELLANEOUS AMENDMENTS

23Rule 6.10 substituted

For Rule 6.10 of the Principal Rules substitute—

"6.10   Documents to accompany an application

For the purposes of section 67(1)(b) of the Act, in applications to which this Part applies, the documents required to accompany an application are—

(a)an extract of a business name of any respondent or any interested party which is not a company but has a registered business name; and

(b)additionally, in the case of an application under section 45(2) of the Motor Car Traders Act 1986—

(i)a copy of the agreement for the sale of the motor car; and

(ii)a copy of any contract for finance concerning the purchase of the motor car; and

(iii)any other documents the applicant has in the applicant's possession concerning the purchase of the motor car or any ancillary or incidental items in association with that purchase.".

24Allocation of jurisdiction under Road Safety Act 1986 to Review and Regulation List

In clause 5 of Schedule 1 to the Principal Rules, after item 5.59 insert—

"5.59ARoad Safety Act 1986;".

Dated:    13 May 2014

GREGORY GARDE, President

MARILYN HARBISON, Vice President

MARK DWYER, Deputy President

BILL SIBONIS, Member

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ENDNOTES

[1] Rule 4: S.R. No. 65/2008.  Reprint No. 2 as at 7 March 2014.  Reprinted to S.R. No. 165/2013.