Victorian Civil and Administrative Tribunal (Principal Registrar and Other Miscellaneous Amendments) Rules 2024 (Vic)

Victorian Civil and Administrative Tribunal (Principal Registrar and Other Miscellaneous Amendments) Rules 2024

S.R. No. 133/2024

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rule 1.07 substituted

6Applications

7Particulars to be provided with certain applications

8Principal registrar may exercise certain Tribunal functions

9Review and Regulation List

10Owners Corporations List

11Residential Tenancies List

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Endnotes

STATUTORY RULES 2024

S.R. No. 133/2024

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Principal Registrar and Other Miscellaneous Amendments) Rules 2024

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

1Object

The object of these Rules is to make amendments to the Victorian Civil and Administrative Tribunal Rules 2018—

(a)to further provide for functions of the Tribunal that may be exercised by the Tribunal constituted by the principal registrar;

(b)in relation to the applicable scale of costs;

(c)to amend certain particulars required for specific applications made in the Residential Tenancies List;

(d)to substitute references to the Director of Housing for references to Homes Victoria; and

(e)to amend Schedule 1 to accurately reflect which Lists are allocated matters arising under the enabling enactments.

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, other than Rule 5, come into operation on 5 December 2024.

(2)Rule 5 comes into operation on 1 January 2025.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2018[1] are called the Principal Rules.

5Rule 1.07 substituted

For Rule 1.07 of the Principal Rules substitute—

"1.07   Default scale of costs

Unless the Tribunal otherwise orders, if the Tribunal makes an order as to costs, the applicable scale of costs is the County Court costs scale as defined in Rule 1.13 of Chapter I of the Rules of the County Court as in force on 31 December 2024, being a fee, charge or amount that is 80 per cent of the applicable rate set out in Appendix A to Chapter I of the Rules of the Supreme Court as in force on 31 December 2024.".

6Applications

(1)In Rule 8.06(1)(e) of the Principal Rules, for "sought;" substitute "sought; and".

(2)In Rule 8.06(1) of the Principal Rules, paragraphs (f) and (g) are revoked.

7Particulars to be provided with certain applications

(1)For Rule 8.08(7)(a) of the Principal Rules substitute—

"(a)the amount of the bond;

(ab)the amount of bond sought;".

(2)In Rule 8.08(7)(d) of the Principal Rules, for "the Director of Housing or an agent of the Director of Housing; and" substitute "Homes Victoria or an agent of Homes Victoria;".

(3)After Rule 8.08(7)(d) of the Principal Rules insert—

"(da)the relevant Residential Tenancies Bond Authority bond number or numbers; and".

(4)After Rule 8.08(7) of the Principal Rules insert—

"(8)An application under section 213A of the Residential Tenancies Act 1997 must specify—

(a)the amount of the bond;

(b)the amount of rent or hiring charges owed at the date of the application;

(c)whether any, and what amount of bond was paid on behalf of the renter, resident or site tenant by Homes Victoria or an agent of Homes Victoria;

(d)the relevant Residential Tenancies Bond Authority bond number or numbers; and

(e)the name and address (including any electronic address, if known) of—

(i)for an application in respect of rented premises—the parties to the residential rental agreement;

(ii)for an application in respect of a room—the resident and the rooming house operator;

(iii)for an application in respect of a caravan or caravan site—the resident and the caravan owner or caravan park owner (as the case requires);

(iv)for an application in respect of a Part 4A site—the parties to the site agreement; and

(v)any other person who the applicant believes may have an interest in a claim for the bond.".

8Principal registrar may exercise certain Tribunal functions

(1)After Rule 10.01(o) of the Principal Rules insert—

"(oa)giving leave pursuant to Rule 4.24 to make a second or subsequent application under section 120 of the Act for a review of an order in respect of the same matter;

(ob)giving leave pursuant to Rule 4.24A to make a second or subsequent application under section 120A of the Act for a review of an order in respect of the same matter;".

(2)After Rule 10.01(q) of the Principal Rules insert—

"(qa)determining an application under section 354 of the Residential Tenancies Act 1997 to extend the time in which a warrant of possession may be executed;".

(3)For Rule 10.01(u) of the Principal Rules substitute—

"(u)dispensing with compliance with any of the requirements of these Rules in a proceeding, either before or after the occasion for compliance arises;".

(4)After Rule 10.01(u) of the Principal Rules insert—

"(v)giving directions at any time in a proceeding and doing whatever is necessary for the expeditious or fair hearing and determination of a proceeding, except for the power to give a direction that would require a party to produce a document or provide information in a proceeding for review of a decision in contravention of section 106(1) of the Act or any rule of law relating to privilege or the public interest in relation to the production of documents.

Note

See section 80 of the Act.".

9Review and Regulation List

(1)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.43AA insert—

"3.43AABHousing Act 1983;".

(2)In clause 3(1) of Schedule 1 to the Principal Rules, item 3.75A is revoked.

(3)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.77 insert—

"3.77ASocial Services Regulation Act 2021 Part 10 and section 330H;".

(4)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.92 insert—

"3.92AVictims of Crime (Financial Assistance Scheme) Act 2022;".

10Owners Corporations List

(1)In clause 6(1) of Schedule 1 to the Principal Rules, in item 6.5, for "2014." substitute "2014;".

(2)In clause 6(1) of Schedule 1 to the Principal Rules, after item 6.5 insert—

"6.6Water Act 1989 section 19 (civil liability arising from various causes).".

11Residential Tenancies List

(1)In clause 9(1) of Schedule 1 to the Principal Rules, item 9.3 is revoked.

(2)In clause 9(1) of Schedule 1 to the Principal Rules, after item 9.6 insert—

"9.6ASocial Services Regulation Act 2021 Part 9;".

Dated:   4 December 2024

R. WILSON, Deputy President
(Section 33 VCAT Act delegate of the President)

T. BISUCCI, Deputy President

B. SIBONIS, Senior Member

R. NAYLOR, Senior Member

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ENDNOTES

[1] Rule 4: S.R. No. 77/2018 as amended by S.R. Nos 187/2018, 18/2019, 58/2019, 145/2019, 28/2020, 125/2020, 54/2021, 114/2021, 12/2023, 30/2023, 7/2024, 13/2024, 27/2024 and 54/2024.