Victorian Civil and Administrative Tribunal Rules 2018 (Vic)
Version No. 017
Victorian Civil and Administrative Tribunal Rules 2018
S.R. No. 77/2018
Version incorporating amendments as at
21 October 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
1.01Object
1.02Authorising provisions
1.03Commencement
1.04Revocation
1.05Definitions
1.06Dispensing with compliance
1.07Default scale of costs
Order 2—Tribunal divisions and lists
Part 1—Divisions of the Tribunal
2.01Divisions
2.02Division Head
Part 2—Division lists
2.03Lists
2.04List Heads
2.05Deputy list Heads
2.06Assignment to cover short term absences
Part 3—Working arrangements
2.07Entry of proceeding in list
2.08Principal registrar may allocate proceedings to and transfer proceedings from lists
2.09Assignment of members
Order 3—Review jurisdiction
3.01Form of application for order that statement of reasons be given for decision liable to review
3.02Functions under section 47(1) of the Act to be exercised in review and regulation list of administrative division
3.03Number of copies of documents to be lodged
Order 4—General procedure
4.01Provisions of Order to be subject to Orders 5, 6 and 7
4.02Appointment of litigation guardian for a child
4.02AAppointment of litigation guardian under clause 11AC or 77B of Schedule 1 to the Act
4.03Form of application or referral
4.04Lodgement of application or referral
4.05Information in relation to respondents to accompany certain applications
4.06Information in relation to fee payer status to accompany applications
4.07Rejection of applications by principal registrar
4.08Lodgement of documents relating to waiver or reduction of fees
4.09Notification of commencement and service of documents
4.10Address for service of documents
4.11Service of documents by information system
4.11AService of documents by Tribunal portal
4.12Substituted service outside Victoria
4.13Service on agent
4.14Counterclaim
4.15Direction to submit to medical or other examination
4.16Notice of compulsory conference
4.17Notice of mediation
4.18Notice of hearing
4.19Form of witness summons
4.20Service of witness summons
4.21Refusal to issue witness summons
4.22Authentication of order
4.23Application for correction of order
4.24Re-opening an order
4.24ARe-opening an order for enforcement reasons
4.25Extension or abridgment of time
4.26Form of warrant of arrest
4.27Form of warrant of committal
4.28Alternative method of service of documents on party
4.29Form of register of proceedings and matters to be contained therein
4.29ACondition for inspection of the register of proceedings by a person not party to a proceeding
4.30Classes of persons disqualified from being a professional advocate
4.31Principal registrar's powers in relation to adjournment and withdrawal of a proceeding
4.32Time
4.33Partners, joint ventures and firms
4.34Service of process on partners and firms
4.35Procedure for reduction, waiver, postponement, remission or refund of fees payable
Order 5—Administrative division
Part 2—Review and regulation list
5.05Form of application
Order 6—Civil division
Part 1—Civil claims list
6.01Application of these Rules to this List
6.02Applications
6.03Documents to accompany an application
Order 7—Human rights division
Part 1—Human rights list
7.01Application of Part
7.02Information for applications
Part 2—Guardianship list
7.03Service by principal registrar
7.04Form of register of proceedings and matters contained therein
7.05Remuneration scale for administrators under the Guardianship and Administration Act 2019
7.06Different or no remuneration cap
7.07Tribunal may direct administrator to provide invoices
Order 8—Residential tenancies division
Part 1—Residential tenancies list
8.01Definition
8.02Application of Part
8.04Service before lodgement
8.05Accompanying documents for electronic lodgement
8.06Applications
8.07Documents required to be included with certain applications
8.08Particulars to be provided with certain applications
8.09Additional particulars for certain applications
8.10Particulars required for certain applications
8.11Form of notice under section 346 of the Residential Tenancies Act 1997
8.12Warrant of possession
8.12AWarrant of possession—SDA dwelling
8.14Withdrawal of proceedings
8.15Re-opening an order
8.16Review of certain determinations and orders
Order 8A—Planning and environment division
Part 1—Planning and environment list
8A.01Tribunal may direct disclosure of valuation evidence
8A.02Requirements for lodging statement of grounds in proceedings under a planning enactment
8A.03Applications to the planning and environment list
8A.04Referral of disputes—section 39(1) of the Planning and Environment Act 1987
Order 9—Trans-Tasman proceedings
9.01Definitions
9.02Application of Order
9.03Application for order for use of audio link or audiovisual link
9.04Service
9.05Duty of applicant
9.06Technical requirements
Order 10—Exercise of functions of tribunal by principal registrar
10.01Principal registrar may exercise certain Tribunal functions
10.02Delegation of functions by principal registrar under section 32A of the Act
Order 11—Procedure under the Vexatious Proceedings Act 2014
11.01Definitions
11.02Notice of application for leave to proceed
11.03Notice of application to vary or revoke litigation restraint order
Schedule 1—Allocation of functions
Schedule 2—Forms
Schedule 3—Revoked statutory rules
Schedule 4—Remuneration scale for administrators under the Guardianship and Administration Act 2019
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 017
Victorian Civil and Administrative Tribunal Rules 2018
S.R. No. 77/2018
Version incorporating amendments as at
21 October 2025
The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:
ORDER 1—PRELIMINARY
1.01Object
The object of these Rules is to regulate the practice and procedure of the Victorian Civil and Administrative Tribunal.
1.02Authorising provisions
These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.
1.03Commencement
These Rules come into operation on 17 June 2018.
1.04Revocation
The Rules set out in Schedule 3 are revoked.
1.05Definitions
In these Rules—
member in charge of a list means a presidential member or a senior member nominated to be in charge of a list in accordance with rule 2.04;
the Actmeans the Victorian Civil and Administrative Tribunal Act 1998;
the register means the register of proceedings kept by the principal registrar under section 144(1) of the Act;
1.06Dispensing with compliance
The Tribunal may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
1.07Default 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.
ORDER 2—TRIBUNAL DIVISIONS AND LISTS
Part 1—Divisions of the Tribunal
2.01Divisions
(1)The Tribunal shall exercise its functions in divisions.
(2)For the purposes of subrule (1), the following divisions of the Tribunal are established—
(a)administrative division;
(b)civil division;
(c)human rights division;
(d)residential tenancies division;
(e)planning and environment division.
2.02Division Head
A presidential member nominated from time to time by the President shall be in charge of a division.
Part 2—Division lists
2.03Lists
(1)Each division of the Tribunal shall exercise its functions in lists.
(2)The following lists of the administrative division are established—
(a)legal practice list;
* * * * *
(c)review and regulation list.
(3)The following lists of the civil division are established—
(a)building and property list;
(b)civil claims list;
(c)owners corporations list.
(4)The following lists of the human rights division are established—
(a)guardianship list;
(b)human rights list.
(5)The residential tenancies list is established in the residential tenancies division.
(5A)The planning and environment list is established in the planning and environment division.
(6)The functions to be exercised in each list are set out in Schedule 1.
(7)Any function capable of being exercised by the Tribunal that is not referred to in Schedule 1 is included in the review and regulation list of the administrative division.
2.04List Heads
(1)A presidential member, or a senior member, nominated by the President shall be in charge of a list.
(2)The President may only nominate under subrule (1) a presidential member or senior member who, in the opinion of the President, has special knowledge of the law in relation to a class of matters in respect of which functions may be exercised in the list.
2.05Deputy list Heads
(1)The President may nominate any member to be Deputy Head of a list.
(2)The President may only nominate under subrule (1) a member who, in the opinion of the President, has special knowledge of the law in relation to a class of matters in respect of which functions may be exercised in the list.
2.06Assignment to cover short term absences
(1)The President may assign a presidential member or a senior member to be a member in charge of a list if the person who is ordinarily the member in charge of a list is, for a short term not exceeding 3 months—
(a)absent; or
(b)for any other reason, unable to perform the duties of a member in charge of a list.
(2)An assignment under subrule (1) cannot exceed 3 months.
(3)A presidential member or a senior member assigned as a member in charge of a list under subrule (1) has all the powers and may perform all the duties of the member in charge of the list for whom the member is acting.
(4)The President may at any time terminate an assignment under this rule.
Part 3—Working arrangements
2.07Entry of proceeding in list
(1)The principal registrar must cause a proceeding to be entered in a list.
(2)The President or a Vice-President may transfer a proceeding from a list to another list.
(3)Any of the following may request the transfer of a proceeding from a list in which the proceeding is entered to another list—
(a)a party to the proceeding;
(b)the principal registrar;
(c)a member.
(3A)A request under subrule (3) must be addressed to—
(a)the member in charge of a list in which the proceeding is entered; or
(b)the Deputy Head of a list in which the proceeding is entered.
(3B)On a request under subrule (3), any of the following who may also be the member referred to in subrule (3)(c) may order the transfer of the proceeding from that list to another list—
(a)the member in charge of the list in which the proceeding is entered;
(b)in the absence of that member in charge of a list, a member assigned to the list nominated by that member in charge of a list for the purposes of this subrule;
(c)the Deputy Head of a list in which the proceeding is entered.
(4)An order can only be made under subrule (3B) with the consent of—
(a)the member in charge of the list to which the proceeding is to be transferred; or
(b)in the absence of that member in charge of a list, a member assigned to that list nominated by the member in charge of that list for the purposes of this subrule; or
(c)the Deputy Head of the list to which the proceeding is to be transferred.
(5)An order under subrule (3B)—
(a)may be made without the attendance of the parties to the proceeding; and
(b)may be made on such terms and conditions as the member in charge of a list, Deputy Head of a list or member who makes the order (as the case requires) thinks fit; and
(c)may include an order for costs.
(6)The principal registrar or a member, with the written consent of the parties, may transfer a proceeding from a list to another list.
2.08Principal registrar may allocate proceedings to and transfer proceedings from lists
(1)Despite Schedule 1 and anything to the contrary in rule 2.07 and subject to subrule (2), the principal registrar may—
(a)enter a proceeding in any list;
(b)transfer a proceeding under rule 2.07 from a list to any other list.
(2)The principal registrar may only act under subrule (1) with the consent of—
(a)the President; or
(b)the member in charge of the list to which the proceeding would have been entered if Schedule 1 applied and the member in charge of the list to which the proceeding is to be entered or transferred or the Deputy Head of the list to which the proceeding is to be entered or transferred; or
(c)the Deputy Head of the list to which the proceeding would have been entered if Schedule 1 applied and the member in charge of the list to which the proceeding is to be entered or transferred or the Deputy Head of the list to which the proceeding is to be entered or transferred.
2.09Assignment of members
(1)The President may assign a member other than a Vice President to one or more lists, whether or not the particular list is in the same division.
(2)In making an assignment of a member to a particular list, the President must have regard to any special knowledge or experience relevant to determining the class of matters in respect of which functions may be exercised by the Tribunal in that list.
(3)An assignment under this rule must be in writing.
(4)A member, other than the President or a Vice‑President, may only sit in a proceeding in a list to which the member is assigned.
(5)An assignment under this rule continues to operate until—
(a)the President revokes the assignment under subrule (7); or
(b)the member ceases to be a member of the Tribunal.
(6)A member who is promoted under section 16A of the Act or appointed or re-appointed in an acting capacity under Division 3 of Part 2 of the Act does not need to be re-assigned under subrule (1).
(7)The President may revoke an assignment to one or more lists made under this rule at any time.
ORDER 3—REVIEW JURISDICTION
3.01Form of application for order that statement of reasons be given for decision liable to review
An application under section 47(1) of the Act must be in writing and must specify—
(a)the decision;
(b)the name and title of the decision-maker; and
(c)the date of the decision.
3.02Functions under section 47(1) of the Act to be exercised in review and regulation list of administrative division
The functions of the Tribunal under section 47(1) of the Act are allocated to the review and regulation list of the administrative division.
3.03Number of copies of documents to be lodged
The number of copies of a statement or document to be lodged for the purposes of section 49(1), 49(3) or 49(4) of the Act is—1.
ORDER 4—GENERAL PROCEDURE
4.01Provisions of Order to be subject to Orders 5, 6 and 7
Subject to Orders 5, 6 and 7, this Order applies to any proceeding in the Tribunal.
4.02Appointment of litigation guardian for a child
(1)A person is eligible to be appointed by the Tribunal as litigation guardian of a child who
is a party to a proceeding if the person—(a)does not have a disability that would prevent the person from properly exercising the function of litigation guardian; and
(b)has no interest in the proceeding adverse to that of the child.
(2)An application by a person to be appointed as litigation guardian of a child must be in writing and must contain a certificate of the person applying to be appointed as litigation guardian or of the solicitor for the child that the person knows or believes that—
(a)the person to whom the certificate relates is a child; and
(b)the person applying to be appointed as litigation guardian has no interest in the proceeding adverse to the person to whom the certificate relates.
(3)Where the interests of a party who is a child so require, the Tribunal may, on an application made under subrule (2) or on its own initiative, appoint or remove a litigation guardian or substitute another person as litigation guardian.
(4)In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a child, the Tribunal must also be satisfied that the litigation guardian was negligent or engaged in misconduct in the conduct of the proceeding.
4.02A Appointment of litigation guardian under clause 11AC or 77B of Schedule 1 to the Act
(1)This Rule applies to a proceeding under the Disability Act 2006 or Part 12A of the Residential Tenancies Act 1997.
(2)A person is eligible to be appointed by the Tribunal as litigation guardian of a person with a disability who is a party to the proceeding if that person—
(a)does not have a disability that would prevent that person from properly exercising the function of litigation guardian; and
(b)has no interest in the proceeding adverse to that of the person with a disability.
(3)An application by a person to be appointed as a litigation guardian of a person with a disability must—
(a)be in writing and signed by the applicant;
(b)state that the applicant has no interest in the proceeding adverse to the person to whom the application relates; and
(c)be accompanied by a medical report completed by a registered medical practitioner in the form published on the Tribunal's website or available in hard copy from the registry.
(4)The Tribunal may refer an application made under subrule (3) to the guardianship list of the human rights division, in which case the application is an application for the appointment of a guardian or an administrator under the Guardianship and Administration Act 2019 with powers limited to bringing and defending the relevant proceeding under the Disability Act 2006 or Part 12A of the Residential Tenancies Act 1997.
(5)Where the interests of a party who is a person with a disability so require, the Tribunal may, on an application made under subrule (3) or on its own initiative, appoint or remove a litigation guardian or substitute another person as litigation guardian.
(6)In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a person with a disability, the Tribunal must also be satisfied that the litigation guardian was negligent or engaged in misconduct in the conduct of the proceeding.
4.03Form 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.
4.04Lodgement of application or referral
(1)An application or referral to the Tribunal must be lodged with the principal registrar.
(2)An application or referral may be lodged with the principal registrar by—
(a)electronic communication; or
(b)post.
4.05Information in relation to respondents to accompany certain applications
(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.
(2)For the purposes of section 67(1)(b) of the Act, an application to which this Rule applies must be accompanied by—
(a)in relation to any respondent that is a company incorporated under the Corporations Act, a record of a company search of the records maintained by the ASIC that shows the respondent's company name and the address of the respondent's registered office; and
(b)in relation to any respondent that is an incorporated association within the meaning of the Associations Incorporation ReformAct 2012, an extract of the register of incorporated associations kept under that Act that shows the respondent's registered name and registered address.
4.06Information in relation to fee payer status to accompany applications
(1)Subject to subrule (2), for the purposes of section 67(1)(b) of the Act, an application to the Tribunal by a person or entity (other than a natural person) who is a standard fee payer within the meaning of the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 must be accompanied by a statutory declaration as to the basis on which the person or entity is a standard fee payer.
(2)An application referred to in subrule (1) is not required to be accompanied by a statutory declaration if the applicant is a person or entity that has as its whole or dominant purpose a charitable, benevolent, or philanthropic purpose, other than a school or a government body.
4.07Rejection of applications by principal registrar
For the purposes of section 71(2) of the Act, a requirement by the applicant that the principal registrar refer the application to the Tribunal for review of the rejection must be in writing received within 14 days after the applicant becomes aware of the rejection.
4.08Lodgement of documents relating to waiver or reduction of fees
(1)A party to an application or referral, or a person seeking to have a fee waived or reduced under section 132(1) of the Act, may, by electronic communication to the principal registrar, lodge with the Tribunal any document relevant to the application, referral or the seeking of a reduction or waiver of a fee.
(2)The principal registrar may refuse to accept any document if the principal registrar considers the document is illegible.
(3)The original of any document lodged with the Tribunal in accordance with this rule must be retained by or on behalf of the party on whose behalf it was lodged and provided to the Tribunal at the request of the principal registrar.
4.09Notification of commencement and service of documents
(1)Unless the Tribunal otherwise directs or the principal registrar undertakes service on behalf of an applicant, an applicant must serve a copy of an application or referral on each other party or other person entitled to notice of the application or referral under the Act, the enabling enactment or these Rules within 7 days after lodging the application or referral with the principal registrar.
(2)An applicant may make an application for leave to serve on a party or person outside Victoria (including outside Australia)—
(a)a copy of an application or referral under subrule (1); or
(b)an order or any other document in the course of a proceeding.
(3)If the applicant has expressed the wish to have the application for leave determined without attendance, the Tribunal constituted by a member who is a legal practitioner may determine the application on the papers.
(4)An order of the Tribunal made under subrule (2) that gives leave for service outside Victoria (including outside Australia) of an application, referral, order or any other document must specify the mode of service permitted.
4.10Address for service of documents
(1)An applicant must provide an address for service of documents in Victoria when making an application or referral.
(2)Any party other than the applicant must, not later than 14 days after becoming a party, file with the principal registrar a statement of that party's address in Victoria for the service of documents.
(3)An address for service provided by an applicant or other party must include an electronic address for the receipt of electronic communication by that applicant or other party.
(3AA)Without limiting subrule (1), (2) or (3), an address for service or electronic address provided by an applicant or other party may be an account in the digital portal if—
(a)the applicant or other party has registered the account and agreed to use the digital portal for the service of documents in the proceeding; or
(b)a representative of the applicant or other party has registered the account and been instructed by the applicant or other party to receive the documents in the proceeding and accept service on behalf of the applicant or other party.
(3A)An applicant, when making an application or referral, may provide an electronic address of a person or company, being an electronic address from which the person or company has communicated with the applicant in relation to the matter.
(3B)An electronic address provided by an applicant in accordance with subrule (3A) is taken to be an electronic address provided by another party for the purposes of subrule (3), until the other party provides an electronic address to the Tribunal.
(4)Any party who wishes to change an address for service must notify the principal registrar and each other party that the party has a new address for service and notify that person of that address.
(5)Any party who wishes to change an electronic address for the receipt of electronic communication must notify the principal registrar and each other party that the party has a new electronic address and notify that person of that electronic address.
(6)A party must notify the principal registrar and each other party at least 7 days before changing an address for service or electronic address.
(7)In this Rule—
digital portal means the digital case management system that is in use by the Tribunal from time to time.
4.11Service of documents by information system
For the purposes of section 140 of the Act, sending by electronic communication to the electronic address of a party a link to an information system that can be accessed by that party to obtain a document constitutes service of that document (unless the Tribunal otherwise orders).
4.11A Service of documents by Tribunal portal
(1)For the purposes of section 140 of the Act, the sending of a notification by electronic communication to a registered party by the Tribunal that another registered party or the Tribunal has uploaded a notice, order or other document to the digital portal constitutes service of that notice, order or other document.
Note
See section 141 of the Act in relation to the timing of service and when service by electronic communication is taken to be effective.
(2)In this Rule—
digital portal means the digital case management system that is in use by the Tribunal from time to time;
registered party means—
(a)a person who—
(i)is a party to a proceeding or reasonably expects to be a party to a proceeding; and
(ii)has registered an account in the digital portal; and
(iii)has agreed to use the digital portal for the service of documents in the proceeding; or
(b)a representative of a party to a proceeding or a person who reasonably expects to be a party to a proceeding where the representative has—
(i)registered an account in the digital portal; and
(ii)been instructed by that party or person to receive documents in the proceeding and accept service on the party's or person's behalf.
4.12Substituted service outside Victoria
(1)If for any reason it is impracticable to serve a document on a party or person outside Victoria (including outside Australia), the Tribunal may order that, instead of service, such steps be taken as the Tribunal specifies for the purpose of bringing the document to the notice of the party or person to be served.
(2)An order made under subrule (1) may specify that electronic communication be used for the purpose of bringing the document to the notice of the party or person to be served.
(3)The Tribunal may make an order under subrule (1) despite the person or party to be served being outside Victoria (including outside Australia) or having been so when the proceeding commenced.
4.13Service on agent
(1)If a contract has been entered into by or through an agent residing or carrying on business within Victoria on behalf of a person or party residing or carrying on business outside Victoria (including outside Australia), service of a document in the course of a proceeding relating to or arising out of the subject matter of the contract may, by leave of the Tribunal, be made on the agent.
(2)If the agent has given an electronic address for the receipt of electronic communication a document may be served by electronic communication to that address.
4.14Counterclaim
(1)Subject to the provisions of any Act or regulation, a counterclaim by one party against another party in a proceeding must be—
(a)in writing and contain any particulars required by these Rules; and
(b)accompanied by any documents or further information required by these Rules; and
(c)lodged in the same manner as an application.
(2)Unless otherwise provided by these Rules or ordered by the Tribunal, the party making the counterclaim must serve a copy of it on each other party within 7 days after lodgement.
(3)The party making the counterclaim may serve a copy of it on a party by electronic communication to an electronic address given by that party.
4.15Direction to submit to medical or other examination
(1)If the physical or mental condition of a party is relevant to a proceeding, the Tribunal may direct the party to submit to a medical, psychological or other examination by an expert whom another party proposes to call as a witness or otherwise as the Tribunal directs.
(2)The Tribunal may only make a direction under subrule (1) if satisfied—
(a)that the examination is reasonably necessary in the interests of justice; and
(b)that there are no less restrictive means available to determine the party's physical or mental condition.
4.16Notice of compulsory conference
(1)Unless the Tribunal, by order, has specified the time and place of a compulsory conference, the principal registrar must give notice of a compulsory conference in writing and in accordance with any other requirement of these Rules.
(2)The principal registrar may give notice of a compulsory conference to a party by electronic communication to an electronic address given by that party.
4.17Notice of mediation
(1)Unless the Tribunal, by order, has specified the time and place of a mediation, the principal registrar must give notice of a mediation in writing and in accordance with any other requirement of these Rules.
(2)The principal registrar may give notice of a mediation to a party by electronic communication to an electronic address given by that party.
4.18Notice of hearing
(1)Unless the Tribunal, by order, has specified the time and place for the hearing of a proceeding, the principal registrar must give notice of the time and place for the hearing of a proceeding in writing and in accordance with any other requirement of these Rules.
(2)The principal registrar may give notice of a hearing to a party by electronic communication to an electronic address given by that party.
4.19Form of witness summons
A witness summons must be in Form 1 in Schedule 2 and must be issued by the principal registrar under the seal of the Tribunal.
4.20Service of witness summons
(1)A witness summons must be served—
(a)by the issuing party, unless the Tribunal directs otherwise; or
(b)if it is issued at the initiative of the principal registrar or the Tribunal, as directed by the Tribunal.
(1A)The issuing party must serve a copy of a witness summons on each party as soon as possible after the witness summons has been served on the addressee but it shall not be necessary that the copy served be sealed or be served personally.
(2)A witness summons may be served by electronic communication unless the Tribunal directs otherwise.
(3)When a summons is served, a sufficient sum is to be provided as conduct money.
(4)In this rule—
issuing party means the party at whose request a witness summons is issued.
4.21Refusal to issue witness summons
If the principal registrar refuses to issue a witness summons at the request of a party, the principal registrar must inform the party of the right to apply to the Tribunal for a direction that a summons be issued.
4.22Authentication of order
An order of the Tribunal is authenticated in accordance with section 116(1)(b) of the Act by—
(a)being signed by a member of the Tribunal or the principal registrar and having the seal of the Tribunal affixed; or
(b)affixation of a member's electronic signature by or on behalf of the principal registrar, if so authorised by a member, and having the seal of the Tribunal electronically affixed; or
(c)affixation of the seal of the Tribunal by a member of the Tribunal or the principal registrar; or
(d)if the order is entered into a computerised data storage or retrieval system, a member of the Tribunal or the principal registrar entering confirmation of the order into that system.
4.23Application for correction of order
A party who applies for the correction of an order of the Tribunal must do so in writing, giving particulars of the claimed mistake, error, miscalculation, misdescription or defect.
4.24Re-opening an order
(1)An application for review of an order under section 120 of the Act must be made within 14 days after the applicant becomes aware of the order.
(2)No more than one application may be made under section 120 of the Act by the same person in respect of the same matter without leave of the Tribunal.
(3)An application under section 120 of the Act must—
(a)state—
(i)the name, current address, telephone number and electronic address of the applicant; and
(ii)the number of the original proceeding for which the review is requested; and
(iii)the date on which and the manner in which the applicant became aware of the order in respect of which a review is requested; and
(iv)the applicant's reasons for not attending or not being represented at the original hearing; and
(b)exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv).
(4)On the lodgement of an application under section 120 of the Act the principal registrar—
(a)may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide information as referred to in that subrule; and
(b)must advise the applicant and the other parties by notice of the procedures of the Tribunal with respect to the future conduct of the application.
4.24A Re-opening an order for enforcement reasons
(1)An application for review of an order under section 120A of the Act must be made within 3 months after the order is made or a later date with the leave of the Tribunal.
(2)No more than one application may be made under section 120A of the Act by the same person in respect of the same matter without leave of the Tribunal.
(3)An application under section 120A of the Act must—
(a)state—
(i)the name, current address, telephone number and electronic address of the applicant; and
(ii)the number of the original proceeding for which the review is requested; and
(iii)the date of the making of the order in respect of which a review is requested; and
(iv)the problem with enforcing or complying with the order that is to be remedied; and
(b)exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv).
(4)On the lodgement of an application under section 120A of the Act the principal registrar—
(a)may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide information as referred to in that subrule; and
(b)must advise the applicant and the other parties by notice of the procedures of the Tribunal with respect to the future conduct of the application.
4.25Extension or abridgment of time
(1)The Tribunal may exercise any of the powers referred to in section 126(2) of the Act in any proceeding.
(2)For the purposes of section 126 of the Act, all the enactments mentioned in Schedule 1, any other enactments which confer jurisdiction on the Tribunal and any regulations made under any of those enactments, are specified to be relevant enactments.
4.26Form of warrant of arrest
For the purposes of section 137(2)(b) of the Act, the prescribed form of warrant is Form 2 of Schedule 2.
4.27Form of warrant of committal
A warrant of committal must be in Form 3 in Schedule 2.
4.28Alternative method of service of documents on party
In any case where section 140 of the Act provides that a notice, order or other document may be served on or given to a person by sending it to the person at an address specified by that section, the notice, order or other document may, if the person is a party, be instead sent by post or electronic communication to the current address for service of documents of that person.
4.29Form of register of proceedings and matters to be contained therein
The register may be kept in written or electronic form and shall contain, in respect of each proceeding commenced in the Tribunal—
(a)a number identifying the proceeding; and
(b)the names of the parties; and
(c)a reference to the statutory provision conferring the relevant jurisdiction on the Tribunal; and
(d)if the proceeding is withdrawn, the date of withdrawal; and
(e)particulars of any final determination or order made by the Tribunal.
4.29A Condition for inspection of the register of proceedings by a person not party to a proceeding
(1)For the purposes of section 144(5)(a) of the Act, it is a condition for a person who is not a party to a proceeding to provide the specified information in order to—
(a)inspect that part of the register that relates to the proceeding; or
(b)obtain a copy of that part of the register that relates to the proceeding.
(2)For the purposes of subrule (1), the specified information is—
(a)the name of the parties to the proceeding; or
(b)the proceeding number; or
(c)if the proceeding relates to land, an address for the land.
4.30Classes of persons disqualified from being a professional advocate
(1)For the purposes of section 62(8) of the Act, a person is disqualified from being a professional advocate if—
(a)the person, being or having been a legal practitioner, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise; or
(b)the person, being or having been a licensed estate agent or an agent's representative under the Estate Agents Act 1980, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise as a licensed estate agent or an agent's representative under that Act; or
(c)the person, either not being or having been a legal practitioner, or a licensed estate agent or an agent's representative under the Estate Agents Act 1980, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association or other body relevant to the person and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.
(2)A person referred to in subrule (1)(c) is disqualified from being a professional advocate unless a Presidential member makes an order that the professional misconduct (by whatever name called) or breach of professional standard was not of such gravity as to justify the disqualification of the advocate.
4.31Principal registrar's powers in relation to adjournment and withdrawal of a proceeding
(1)The principal registrar, on the application of a party and with the consent of the other parties, may adjourn the hearing of a proceeding.
(2)The principal registrar may hear and determine an application by consent of the parties for adjournment or withdrawal of a proceeding before the hearing commences.
4.32Time
(1)Unless the contrary intention expressly appears, any period of time fixed by the Act or these Rules in relation to a proceeding or in any order in a proceeding shall be calculated in accordance with this rule.
(2)Where a time of one day or longer is to begin on, or be calculated from, a day or event, the day or the date of the event shall be excluded.
(3)Where a time of one day or longer is to end on, or be calculated to, a day or event, the day or date of the event shall be included.
(4)Where the last day for doing any act at the Tribunal is a day on which the Tribunal registry is closed, the act may be done on the next day the Tribunal registry is open.
(5)In calculating the time fixing, extending or abridging the time that any document must be lodged or filed with the Tribunal, a document that is lodged or filed after 4.00 p.m. or on any day that the Tribunal registry is closed is taken to have been lodged or filed on the next day the registry is open.
(6)Subrule (5) does not apply to an application to commence a proceeding or any other originating process.
4.33Partners, joint ventures and firms
(1)This Rule applies to where two or more persons carry on business as partners or a joint venture within Victoria (including a business registered in the name of one person).
(2)A proceeding may be commenced by or against a person in the name of the firm (if any) of which the person was a partner, or the joint venture in which the person was carrying on business, when the cause of action accrued.
(3)Subrule (2) applies to a person who sues or is sued by—
(a)a partner of the same firm or another person carrying on business in the same joint venture; or
(b)a partner of another firm that is also a partner of the same firm or person carrying on business in the same joint venture.
4.34Service of process on partners and firms
A notice, order or document in a proceeding commenced against partners in the firm named under rule 4.33 may be served on or given to the partners and the firm by—
(a)serving it on any one or more of the partners in any manner in accordance with section 140(1)(a) of the Act; or
(b)sending it by post to the firm at its last known business address; or
(c)sending it by electronic communication to the firm at its last known address for receipt of electronic communication; or
(d)leaving it at the firm's usual or last known business address with a person on the premises who is apparently at least 16 years old and apparently employed there.
4.35Procedure for reduction, waiver, postponement, remission or refund of fees payable
(1)For the purposes of section 132 of the Act, a party to a proceeding, or a person intending to commence a proceeding, may apply to the principal registrar for the reduction, waiver, postponement, remission or refund of—
(a)a fee paid or payable under the Act or the regulations; or
(b)a fee or charge for services provided by the Tribunal of a kind not referred to in paragraph (a).
(2)If an application referred to in subrule (1) is an application for the reduction, waiver, postponement, remission or refund of a fee or charge on the grounds of hardship, the applicant must be a natural person.
(3)The application for the reduction, waiver, postponement, remission or refund of a fee or charge must be in the form provided on the website of the Tribunal.
(4)An applicant must provide any additional information in relation to an application for reduction, waiver, postponement, remission or refund of a fee or charge paid or payable if requested to do so by the principal registrar or a registrar.
(5)If an application for the reduction, waiver, postponement, remission or refund of a fee or charge paid or payable is rejected in whole or in part by a registrar, the applicant may apply to the principal registrar for review of that determination.
(6)In considering an application for review under subrule (5), the principal registrar—
(a)may request the applicant to provide any additional information in relation to an application; and
(b)must either—
(i)affirm the determination of the registrar; or
(ii)make a determination reducing, waiving, postponing, remitting or refunding the fee or charge paid or payable in substitution of the determination of the registrar.
ORDER 5—ADMINISTRATIVE DIVISION
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Part 2—Review and regulation list
5.05Form of application
An application under an enactment allocated to the review and regulation list for a disciplinary inquiry must—
(a)be in writing; and
(b)state the person who is the subject of the application.
ORDER 6—CIVIL DIVISION
Part 1—Civil claims list
6.01Application of these Rules to this List
(1)This Part applies to a proceeding in the civil claims list.
(2)Rules 4.03 and 4.09 do not apply to a proceeding to which this Part applies.
6.02Applications
(1)An application in the civil claims list must be in writing and contain the following information—
(a)the name, address and telephone and other contact details (including registration or identifying numbers if relevant) for the applicant and all respondents and any other parties the applicant claims have an interest in the matter;
(b)if the goods are mortgaged or leased, the name, address, telephone and other contact details of any credit provider who has an interest in the goods;
(c)a brief history of the dispute sufficient to inform the other parties what the application is about;
(d)the remedy sought, including the amount if it is a monetary claim.
Note
See also rule 6.01.
(2)In addition to subrule (1), an application in the civil claims list may include an electronic address for service with respect to the respondents and any other parties the applicant claims have an interest in the matter.
Note
See also rule 4.10.
6.03Documents 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.
Note
Rule 4.05 sets out information in respect of companies and incorporated associations that is to accompany certain applications.
ORDER 7—HUMAN RIGHTS DIVISION
Part 1—Human rights list
7.01Application of Part
This Part applies to an application under—
(a)section 122 of the Equal Opportunity Act 2010;
(b)section 23 of the Racial and Religious Tolerance Act 2001.
7.02Information for applications
(1)An application to which this Part applies must contain the following—
(a)the names, addresses, telephone numbers and contact details of the applicant and each respondent;
(b)details of the contravention alleged;
(c)details of the remedy sought.
(2)An application under this rule must include an electronic address for service with respect to the applicant.
Part 2—Guardianship list
7.03Service by principal registrar
(1)Subject to any order of the Tribunal, if the principal registrar undertakes service of an application, under section 72(2)(a) of the Act, in a proceeding entered in the guardianship list, service must take place within 21 days after lodgement of the application with the Tribunal.
(2)The Tribunal may serve a copy of an application under section 72(2)(a) of the Act by electronic communication on a party or other person.
7.04Form of register of proceedings and matters contained therein
Despite rule 4.29, in proceedings allocated to the guardianship list, the register contains only the following—
(a)the number identifying the proceeding;
(b)the date of commencement;
(c)the names of the parties,
(d)if the proceeding is withdrawn, the date of the withdrawal.
7.05Remuneration scale for administrators under the Guardianship and Administration Act 2019
(1)For the purposes of section 175(2)(a) of the Guardianship and Administration Act 2019, the remuneration scale set out in Schedule 4 applies.
(2)The remuneration scale applies to all administration orders under the Guardianship and Administration Act 2019 where the administrator (whether an individual or a body corporate) carries on a business of, or including, the administration of estates, except the scale does not apply to the following—
(a)State Trustees Limited;
(b)a trustee company within the meaning of section 601RAA of the Corporations Act;
(c)an administration order that the Tribunal determines is not subject to the remuneration scale.
7.06Different or no remuneration cap
(1)On application by an administrator, where the administrator demonstrates a higher cap is necessary in the particular circumstances, the Tribunal may—
(a)agree to a different remuneration cap; or
(b)agree to no remuneration cap.
(2)An application under subrule (1) may be made at the time of appointment as administrator or during the appointment as administrator.
(3)During any administration, an administrator may apply to the Tribunal for amendment of a remuneration cap or no remuneration cap agreed by the Tribunal under subrule (1).
Note
Under section 175(2) of the Guardianship and Administration Act 2019, the Tribunal may review the terms of the remuneration scale at any time.
7.07Tribunal may direct administrator to provide invoices
(1)The Tribunal may direct that the administrator provide copies of invoices for work done to the represented person or other nominated person.
(2)The administrator is required to provide invoices in the annual Account by Administrator.
ORDER 8—RESIDENTIAL TENANCIES DIVISION
Part 1—Residential tenancies list
8.01Definition
In this Part—
Authority has the same meaning as in section 3(1) of the Residential Tenancies Act 1997.
8.02Application of Part
(1)This Part applies to a proceeding in the residential tenancies list.
(2)Rules 4.03, 4.24(3) and 4.24(4) do not apply to a proceeding in the residential tenancies list.
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8.04Service before lodgement
(1)Despite rule 4.09, an applicant may serve a copy of a proposed application or referral under an enactment allocated to the residential tenancies list before the application is lodged with the principal registrar or a registrar of the Magistrates' Court.
(2)If a copy of the proposed application or referral is served before it is lodged, the application or referral must be lodged in accordance with rule 4.04 within 7 days after service of the copy.
8.05Accompanying documents for electronic lodgement
(1)Despite the provisions of Rules 8.07 and 8.10, if an application has been lodged with the principal registrar by electronic communication to the Tribunal's information system for generating, receiving, storing or otherwise processing electronic communication known as the RT Hub, any requirement of those rules that a document must accompany the application is satisfied if—
(a)the applicant has created the required document using the RT Hub and the applicant provides a copy of that document to the Tribunal at the hearing; or
(b)in any other case, the document is lodged with the Tribunal as soon as practicable but not later than 7 business days after the application is lodged or at the hearing of the application (whichever occurs first).
(2)Any document which is required to accompany an application under subrule (1) must be served on the respondent or respondents together with a copy of the application.
(3)An applicant may serve a document referred to in subrule (2) on a respondent by electronic communication if the respondent has given an electronic address for service.
8.06Applications
(1)For the purposes of section 67(1)(a) of the Act, applications must be in writing and specify—
(a)the name, address and telephone number of the applicant, the respondent and any other party who the applicant claims ought to be joined as a party;
(b)if a party is a corporation, its Australian Company Number or Australian Registered Body Number;
(c)the name, address and telephone number of any agent acting for the applicant, respondent or other party;
(d)the address of the premises that is the subject of the application;
(e)a brief description of the remedy sought and the basis on which the remedy is sought; and
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(h)any previous Tribunal file numbers relating to applications made in relation to the same agreement.
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Note
See also rule 8.02.
(2)In addition to subrule (1), an application must include (if known) an electronic address for service with respect to the respondent, any other party who the applicant claims ought to be joined as a party, and any agent acting for the applicant, respondent or other party.
Note
See also rule 4.10.
8.07Documents required to be included with certain applications
(1)An application under section 46(1), 103(1), 154(1), 206X(1) or 498ZH(1) of the Residential Tenancies Act 1997 (excessive rent or hiring charge) must be accompanied by a copy of the Director's report under section 45, 102, 153, 206W or 498ZG of that Act (as the case requires) with respect to the relevant rent or hiring charge.
(1A)An application under section 46(3) or 498ZH(3) of the Residential Tenancies Act 1997 (leave to apply without Director's report) must be accompanied by a copy of the notice of rent increase given to the renter or SDA resident under section 44 or 498ZB of that Act (as the case requires).
(1B)An application under section 71D(1) of the Residential Tenancies Act 1997 (refusal of pet request) must be accompanied by a copy of the renter's request given to the residential rental provider under section 71B of that Act.
(2)An application under section 75(1)(a) or 132(1)(a) of the Residential Tenancies Act 1997 must be accompanied by a copy of the written notice given to the residential rental provider or rooming house operator under section 74(1)(a) or 131(1)(a) of that Act (as the case requires) with respect to the relevant rented premises, room or rooming house.
(2A)An application under section 75(1)(b), 132(1)(b), 190(4) or 498R(1) of the Residential Tenancies Act 1997 must be accompanied by a copy of the Director's report under section 74, 131, 190 or 498Q of that Act (as the case requires) with respect to the relevant rented premises, room, rooming house, caravan or SDA dwelling.
(2B)An application under section 191(1), 191A(1) or206ZZAD(1) of the Residential Tenancies Act 1997 must be accompanied by a copy of the written notice given to the caravan owner, caravan park owner or site owner (as the case requires) that non-urgent repairs are required to the relevant caravan or site.
(2C)An application under section 77(1), 134(1), 193(1), 193(1A) or 206ZZAF(1) of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice given to the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner (as the case requires) requiring repairs to be carried out to the relevant rented premises, room, rooming house, caravan or site.
(2D)An application under section 78(3) of the Residential Tenancies Act 1997 must be accompanied by a copy of the repair notice given to the renter under section 78 of that Act.
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(5)An application under section 128(1) or 187(1) of the Residential Tenancies Act1997 (unreasonable house or caravan park rules) must be accompanied by a copy of the house rules or caravan park rules (as the case requires).
(5A)An application by a renter, resident, site tenant or SDA resident under the Residential Tenancies Act 1997 for an order that a notice to vacate is of no effect must be accompanied by a copy of the notice to vacate given in respect of the rented premises, room, site, caravan or SDA dwelling (as the case requires).
(6)An application under section 209 or 498ZQ of the Residential Tenancies Act 1997 must be accompanied by a copy of the breach of duty notice given under section 208 or 498ZP of that Act.
(6AA)An application under section 209AAB of the Residential Tenancies Act 1997 must be accompanied by a copy of the written notice of the urgent repairs and the cost of the urgent repairs given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).
(6AAB)An application under section 215A of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice to vacate given to the resident or site tenant under section 206AZA or 207ZE of that Act (as the case requires).
(6A)An application under section 91V, 142S, 206AG or 207M of the Residential Tenancies Act 1997 by a person specified in section 91V(2)(a)(i), 142S(2)(a)(i), 206AG(2)(a)(i) or 207M(2)(a)(i) must be accompanied by a copy of any family violence safety notice, family violence intervention order or recognised non-local DVO relating to parties to the application.
(6B)An application under section 91V, 142S, 206AG or 207M of the Residential Tenancies Act 1997 by a person specified in section 91V(2)(a)(ii), 142S(2)(a)(ii), 206AG(2)(a)(ii) or 207M(2)(a)(ii) must be accompanied by a copy of a personal safety intervention order relating to parties to the application.
(7)An application to the Tribunal under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZO, 142ZG, 206AW, 207ZA or 498ZX(1)(l) of that Act must be accompanied by a copy of the order of the Tribunal with which it is alleged the renter, resident, site tenant or SDA resident has failed to comply.
(8)An application under section 91ZM, Division 1 of Part 7 or Division 11 of Part 12A of the Residential Tenancies Act 1997 (possession order) must be accompanied by a copy of any notice to vacate or notice of intention to vacate given in respect of the rented premises, room, site, caravan or SDA dwelling (as the case requires).
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(11)An application under section 374 of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice to leave given under section 368 of that Act.
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(13)In addition to the requirements of rule 8.08(7), an application under section 419A of the Residential Tenancies Act 1997 must—
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(c)be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.
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(15A)An application under section 498ZZF of the Residential Tenancies Act 1997 (possession order for an SDA dwelling) must be accompanied by a copy of any court order which shows the mortgagee's entitlement to possession and to exercise a power of sale.
(15B)An application under section 121 or 123 of the Supported Residential Services (Private Proprietors) Act 2010 must be accompanied by a copy of the notice to vacate or notice of intention to vacate (as the case requires) in respect of the supported residential service.
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(16)An application referred to in this rule or a document required to be lodged under this rule may be lodged by—
(a)electronic communication; or
(b)post.
(17)Despite subrule (16), the Tribunal may request a person required to lodge a document under this rule to lodge the document by electronic communication.
8.08Particulars to be provided with certain applications
(1)The following applications must specify the acts, facts, matters and circumstances, including relevant dates, being relied on in support of the application—
(a)an application under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZI, 91ZJ, 91ZK, 142ZB, 142ZC, 142ZD, 142ZE, 206AQ, 206AR, 206AS, 206AT, 207W, 207X, 207Y, 207Z or 498ZX(1)(b), (c) or (f) of that Act; or
(b)an application under section 374 of the Residential Tenancies Act 1997 for the termination of a residential rental agreement, residency right or site agreement; or
(c)an application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 arising out of a notice to vacate under section 110, 116 or 117 of that Act.
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(2)An application under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZO, 142ZG, 206AW, 207ZA or 498ZX(1)(l) of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as constituting a failure to comply with an order of the Tribunal.
(3)An application under section 322, 323, 324 or 324A of the Residential Tenancies Act 1997 arising out of a notice to vacate under sections 91ZP, 142ZH, 206AX or 207ZB of that Act must specify the acts, facts, matters and circumstances, including relevant dates, being relied on as the basis for giving the notice to vacate.
(4)An application under section 322, 323, 324, 324A or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZQ, 142ZI, 206AY, 207ZC or 498ZX(1)(g) of that Act must specify—
(a)the illegal purpose alleged; and
(b)the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the rented premises were, or the room, site, caravan or SDA dwelling was, used for an illegal purpose.
(4A)An application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 arising out of a notice to vacate under section 112 of that Act must specify—
(a)the illegal purpose alleged; and
(b)the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the supported residential service was used for an illegal purpose.
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(4C)An application under section 35A(1), 97A(1), 148A(1) or 206OA(1) of the Residential Tenancies Act 1997 must specify the date on which the residential rental agreement, agreement in respect of a residency right or site agreement (as the case requires) is alleged to have commenced.
(4D)An application under section 46(1), 103(1), 154(1), 206X(1) or 498ZH(1) of the Residential Tenancies Act 1997 must specify the date on which the renter, resident, site tenant or SDA resident received the Director's report under section 45, 102, 153, 206W or 498ZG of that Act (as the case requires).
(4E)An application under section 209AAB of the Residential Tenancies Act 1997 must specify the date on which written notice of the urgent repairs and the cost of the urgent repairs was given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).
(5)An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZU of that Actmust specify—
(a)the statement alleged to have been made by the renter; and
(b)the date on which it is alleged the statement was made.
(6)An application under section 322 of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 91ZZE of that Act must specify—
(a)the eligibility criterion or criteria which it is alleged the renter has ceased to meet; and
(b)the date on which it is alleged the renter ceased to meet the eligibility criterion or criteria.
(7)An application under section 419A of the Residential Tenancies Act 1997 must specify—
(a)the amount of the bond;
(ab)the amount of bond sought;
(b)the basis on which the amount is sought;
(c)the date on which the residential rental agreement terminated;
(d)whether any, and what amount of, bond was paid on behalf of the renter by Homes Victoria or an agent of Homes Victoria;
(da)the relevant Residential Tenancies Bond Authority bond number or numbers; and
(e)the name and address (including any electronic address if known) of the parties to the residential rental agreement and any other person who the applicant believes may have an interest in a claim for the bond.
(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.
(9)An application under section 452(5), (6) or (6A) of the Residential Tenancies Act1997 must specify—
(a)the interest which the applicant claims to have in the residential rental agreement, the agreement in relation to the residency right or the SDA residency agreement (as the case requires); and
(b)the circumstances in which the applicant's interest has arisen.
8.09Additional particulars for certain applications
(1)In addition to the requirements of rule 8.07(5), an application made under section 128(1) or 187(1) of the Residential Tenancies Act 1997 (unreasonable house or caravan park rules) must—
(a)specify which rules are considered to be unreasonable; and
(b)specify the reasons why these rules are considered unreasonable.
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8.10Particulars required for certain applications
(1)An application under the Residential Tenancies Act 1997 for compensation must specify—
(a)the amount of compensation claimed; and
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(c)in the case of section 210(1)(a) or 210B(1)(a)—the breach of duty or failure to comply with the residential rental agreement or site agreement alleged (as the case requires) and the loss or damage caused by the breach or failure; and
(d)in the case of section 210(1)(b) or 210B(1)(b)—the payments made to the other party that the applicant was not required to pay; and
(da)in the case of section 452(1)(b)—the breach of the residential rental agreement or provisions of the Act alleged and the loss or damage caused by the breach; and
(e)in the case of section 452(2)(b), (3)(b) or (3A)(b)—the breach of duty alleged and the loss or damage caused by the breach.
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8.11Form of notice under section 346 of the Residential Tenancies Act 1997
For the purpose of section 346 of the Residential Tenancies Act 1997 the notice must be in Form 4 in Schedule 2.
8.12Warrant of possession
For the purposes of section 355(1)(a) of the Residential Tenancies Act 1997, a warrant of possession is in the prescribed form if it is in Form 5 in Schedule 2.
8.12A Warrant of possession—SDA dwelling
For the purposes of section 498ZZR(1)(a) of the Residential Tenancies Act 1997, a warrant of possession is in the prescribed form if it is in Form 7 in Schedule 2.
* * * * *
8.14Withdrawal of proceedings
If an applicant withdraws an application pursuant to section 74 of the Act, the notification in writing of withdrawal of the application must state—
(a)the name of the applicant, respondent or any other party to the proceeding; and
(b)the address of the premises that is the subject of the application; and
(c)the date of lodgement of the application; and
(d)the tribunal file number (if known); and
(e)the hearing date of the application (if known); and
(f)the venue for the hearing (if known).
8.15Re-opening an order
(1)An application referred to in rule 4.24(2) must be made in person by the party or representative appearing before the Tribunal between 9.30 a.m. and 12.00 noon or between 2.00 p.m. and 4.00 p.m. on any day on which the Tribunal sits.
(2)Unless the Tribunal otherwise orders, on lodging the application, the applicant must immediately give notice of the application to all other parties.
8.16Review of certain determinations and orders
(1)An application for review of a determination under section 479 of the Residential Tenancies Act 1997 must be made on notice to all parties.
(2)The application must—
(a)be in writing; and
(b)be supported by affidavit; and
(c)specify—
(i)the name and address (including electronic address) of the applicant;
(ii)the name and address (including electronic address if known) of the respondent or any other party to the proceeding; and
(iii)the address of the premises, room and rooming house, or caravan, site and caravan park the subject of the application;
(iv)the date on which the applicant was given a copy of the determination made by the principal registrar or the Tribunal; and
(v)details of the breach of, or failure to comply with, the Residential Tenancies Act 1997 which the applicant alleges.
* * * * *
ORDER 8A—PLANNING AND ENVIRONMENT DIVISION
Part 1—Planning and environment list
8A.01 Tribunal may direct disclosure of valuation evidence
(1)This rule applies to—
(a)a proceeding under the Land Acquisition and Compensation Act 1986 or a proceeding to which that Act applies; and
(b)a proceeding under Part III of the Valuation of Land Act 1960 or a proceeding to which that Part applies.
(2)A member of the Tribunal may direct that each party to a proceeding to which this rule applies give to the other party—
(a)the names of the valuers it proposes to call;
(b)the amount of the valuation placed by each valuer on the land that is the subject of the appeal; and
(c)details of all sales and rentals relied upon by the valuer in arriving at the valuation.
(3)The member may give such a direction at any time—
(a)on application by any party; or
(b)of the member's own motion.
(4)If such a direction is given, a party may not call or rely on, without the leave of the Tribunal—
(a)any valuer whose name was not given to the other party; or
(b)any evidence of sales or rentals that was not given to the other party.
8A.02 Requirements for lodging statement of grounds in proceedings under a planning enactment
A person who is required by clause 56(1) of Schedule 1 to the Act to lodge with the Tribunal a statement of the grounds on which the person intends to rely at the hearing of a proceeding must lodge the statement—
(a)in the form published on the Tribunal's website or available in hard copy from the registry;
(b)accompanied by any fee prescribed by regulations made under section 161 of the Act; and
(c)within the period directed by the Tribunal or, if there is no direction, within 14 days after being served with notice of the proceeding.
8A.03 Applications to the planning and environment list
An application to the planning and environment list—
(a)must be in writing; and
(b)must contain the following details with respect to the applicant and the respondent—
(i)full name; and
(ii)address for service; and
(c)must contain a brief description of the issue or matter in dispute; and
(d)must state the remedy being sought from the Tribunal; and
(e)must include an electronic address for service with respect to the applicant.
8A.04 Referral of disputes—section 39(1) of the Planning and Environment Act 1987
(1)A referral under section 39(1) of the Planning and Environment Act 1987 must comply with the requirements set out in Rule 8A.03.
(2)The referral must also contain—
(a)the date on which the person became aware of the alleged failure to comply; and
(b)the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3, or Part 8, of the Planning and Environment Act 1987.
ORDER 9—TRANS-TASMAN PROCEEDINGS
9.01Definitions
(1)In this Order—
Trans-Tasman Proceedings Act means the Trans‑Tasman Proceedings Act 2010 of the Commonwealth.
(2)An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act.
9.02Application of Order
This Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act in respect of which the Tribunal is a prescribed tribunal under that Act.
9.03Application for order for use of audio link or audiovisual link
(1)A party to a proceeding to which this Order applies may apply to the Tribunal for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application.
(2)An application under subrule (1) must be filed at least 14 days before the person who is the subject of the application is due to give evidence or make submissions to the Tribunal.
9.04Service
As soon as practicable after the filing of the application, the applicant must serve a copy of the application on every other party.
9.05Duty of applicant
If, whether before or after a direction has been given, an applicant no longer requires the person who is the subject of the application to give evidence or make submissions to the Tribunal by audio link or audiovisual link, the applicant must notify the principal registrar immediately.
9.06Technical requirements
(1)The technical requirements for an audio link are—
(a)both the Tribunal point and the remote point are equipped with facilities that—
(i)enable all appropriate persons at the Tribunal point to hear the person giving the evidence or making the submissions; and
(ii)enable all appropriate persons at the remote point to hear appropriate persons at the Tribunal point; and
(b)any other requirements imposed by the presiding member.
(2)The technical requirements for an audiovisual link are—
(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.
5.1Australian Consumer Law and Fair Trading Act 2012;
5.2Building Act 1993 except Division 12 of Part 12A and sections 25J and 186 and 187ZI(1), (2) and (3) and clause 10(3) and (4) of Part 2 of Schedule 7 and clause 4(3) and (4) of Schedule 8;
5.3Domestic Building Contracts Act 1995;
5.4Estate Agents Act 1980 sections 56A(4) and 56B(1) (disputes about commissions and outgoings);
5.5Owners Corporations Act 2006 Part 6 and Part 11;
5.6Property Law Act 1958 Part IV;
5.7Retail Leases Act 2003;
5.8Sale of Land Act 1962 section 44;
5.9Vexatious Proceedings Act 2014;
5.10Water 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.
6Owners Corporations List
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the owners corporations list of the civil division.
6.1Australian Consumer Law and Fair Trading Act 2012;
6.2Company Titles (Home Units) Act 2013;
6.3Owners Corporations Act 2006 Part 6 and Part 11;
6.4Subdivision Act 1988 Part 5;
6.5Vexatious Proceedings Act 2014;
6.6Water 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 owners corporations list of the civil division.
Part 3—Human rights division
7Guardianship List
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the guardianship list of the human rights division.
7.1AAAAged Care Restrictive Practices Substitute Decision-maker Act 2024;
7.1Guardianship and Administration Act 2019;
7.2Instruments Act 1958 Division 6 of Part XIA;
7.3Medical Treatment Planning and Decisions Act 2016;
7.4Powers of Attorney Act 2014;
7.5Trustee Companies Act 1984;
7.6Vexatious Proceedings Act 2014.
(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 guardianship list of the human rights division.
8Human Rights List
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the human rights list of the human rights division.
8.1Assisted Reproductive Treatment Act 2008;
8.1AChange or Suppression (Conversion) Practices Prohibition Act 2021;
8.2Disability Act 2006 section 50 (decision as to disability), Part 6A, Part 6B, Part 7, Part 8 Divisions 1, 3 and 5;
8.3Equal Opportunity Act 2010;
8.3AGender Equality Act 2020;
8.4Health Records Act 2001;
* * * * *
* * * * *
8.7Mental Health and Wellbeing Act 2022, except sections 503 and 712;
8.8Privacy and Data Protection Act 2014;
8.9Public Health and Wellbeing Act 2008 section 122;
8.10Racial and Religious Tolerance Act 2001;
8.11Vexatious Proceedings Act 2014;
8.12Voluntary Assisted Dying Act 2017.
(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 human rights list of the human rights division.
Part 4—Residential tenancies division
9Residential Tenancies List
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the residential tenancies list of the residential tenancies division.
9.1Australian Consumer Law and Fair Trading Act 2012;
* * * * *
* * * * *
9.4Landlord and Tenant Act 1958;
9.5Owners Corporations Act 2006 Part 6 and Part 11, Divisions 1, 2, 3 and 4;
9.6Residential Tenancies Act 1997 except section 142L;
9.6ASocial Services Regulation Act 2021 Part 9;
9.7Supported Residential Services (Private Proprietors) Act 2010 sections 105, 121 and 123;
9.8Vexatious Proceedings Act 2014.
(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 residential tenancies list of the residential tenancies division.
Part 5—Planning and environment division
10Planning and Environment List
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the planning and environment list of the planning and environment division.
10.1Aboriginal Heritage Act 2006;
10.2Catchment and Land Protection Act 1994 section 48 (land use conditions and land management notices);
10.2ACircular Economy (Waste Reduction and Recycling) Act 2021;
10.3Climate Change Act 2017;
10.4Conservation, Forests and Lands Act 1987 section 76 (variation and termination of land management co‑operative agreements);
10.5Education and Training Reform Act 2006 section 5.7A.12;
10.6Environment Protection Act 1970;
10.7Environment Protection Act 2017 except item 23 of the table to section 430(4);
10.8Flora and Fauna Guarantee Act 1988 sections 34(3), 41, 41A (interim conservation orders) and 43(12) (claims for compensation) and, on and after 1 June 2020, the whole of that Act;
10.9Gambling Regulation Act 2003;
10.10Health Services Act 1988 section 67 (compulsory acquisition of land);
10.11Heritage Act 2017;
10.12Land Acquisition and Compensation Act 1986;
10.13Local Government Act 1989 sections 183 (differential rating), 185 (imposition of special rate or charge) and 185AA (imposition of special rate or charge);
10.14Major Transport Projects Facilitation Act 2009;
10.14AMelbourne Strategic Assessment (Environment Mitigation Levy) Act 2020;
10.15Mineral Resources (Sustainable Development) Act 1990;
10.16Owners Corporations Act 2006 Part 6;
10.17Petroleum Act 1998;
10.18Pipelines Act 2005 section 154;
10.19Planning and Environment Act 1987;
10.20Plant Biosecurity Act 2010 sections 48 (accreditation to issue assurance certificates) and 59 (review of the Minister's determination on costs);
10.20ARadiation Act 2005 section 102(1) (reviewable decision under paragraph (d) of the definition of reviewable decision in section 100);
10.21Road Management (General) Regulations 2016;
10.22Subdivision Act 1988, except Part 5;
10.23Traditional Owner Settlement Act 2010;
10.24Development Victoria Act 2003;
10.25Valuation of Land Act 1960 Part III (disputes on the value of land);
10.26Vexatious Proceedings Act 2014;
10.27Water Act 1989 except section 19 (see building and property list).
(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 planning and environment list of the planning and environment division.
SCHEDULE 2—FORMS
Form 1—Summons to appear
Victorian Civil and Administrative Tribunal Rules 2018
Rule 4.19
VICTORIAN CIVIL AND ADMINISTRATIVE 20 No.
TRIBUNAL Registry
Applicant—
Respondent—
SUMMONS TO APPEAR
To:
Name—
Address—
You are summoned pursuant to section 104 of the Victorian Civil and Administrative Tribunal Act 1998 to appear before the Victorian Civil and Administrative Tribunal at [address of Tribunal] at a.m./p.m. on [date], or, if notice of a later day is given to you by the Tribunal [or identify party seeking the attendance of the person summoned] or the solicitor for that party, the later day, and until you are excused from further attending
*to give evidence; and
*to produce the following documents—
Principal registrar
Date—
This summons has been issued at the—
*request of the applicant;
*request of the respondent;
*direction of the principal registrar;
*direction of the Tribunal.
*Delete if inapplicable.
Note:
1.Certain fees and allowances are payable to a witness.
2.Failure to attend at the time and place specified above without reasonable excuse may render you liable to imprisonment, a fine, or both, as well as a daily penalty until you attend or produce the document as required, under section 134 of the Victorian Civil and Administrative Tribunal Act 1998.
3.The Tribunal may direct your apprehension if you fail to attend.
Form 2—Arrest warrant
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 2018
Rule 4.26
ARREST WARRANT
TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA
Arrest [Name] and bring him or her before the Victorian Civil and Administrative Tribunal forthwith to answer a charge of contempt of the Tribunal as follows [insert details of the charge], and if it is not practicable to bring him or her before the Tribunal forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Tribunal, do so forthwith.
Dated
President or Vice President
(as the case requires)
Form 3—Warrant of committal
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 2018
Rule 4.27
WARRANT OF COMMITTAL
TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA
AND TO THE GOVERNOR OF THE PRISON AT [PLACE]
[Name]
of [Place]
has this day been found guilty of contempt of the Victorian Civil and Administrative Tribunal as follows [insert details of the contempt] and ordered by the Tribunal to be imprisoned for a term of [period]—
You the members of the Police Force are authorised and required to take the person to the abovementioned prison and deliver the person to the Governor of that prison together with this warrant.
And you the Governor of the abovementioned prison are authorised and required to receive the person into your custody in the prison and to imprison the person for the term specified above.
Dated
President
Form 4—Notice (under section 346 of the Residential Tenancies Act 1997)
to occupant to appear before Tribunal
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal Rules 2018
Rule 8.11
NOTICE (UNDER SECTION 346 OF THE RESIDENTIAL TENANCIES ACT 1997) TO OCCUPANT TO APPEAR BEFORE TRIBUNAL
Address of premises—
1.Take notice that the Victorian Civil and Administrative Tribunal has ordered the occupants of the above premises to appear before the Tribunal sitting at on the day of at a.m./p.m. to show cause why a warrant of possession should not be issued.
2.Take notice that it has been stated that the occupants of the premises include (Names)
but that THIS ORDER APPLIES TO ALL OCCUPANTS OF THE ABOVE PREMISES, WHETHER NAMED OR NOT.
Date:
Principal Registrar
NOTE:Failure to appear may result in the issue of a warrant of possession of the above premises.
Form 5—Warrant of possession
Victorian Civil and Administrative Tribunal Rules 2018
Rule 8.12
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
Registry ref:
RESIDENTIAL TENANCIES LIST
Name of Applicant(s)—
Name of Respondent—
WARRANT OF POSSESSION
TO:*OFFICER IN CHARGE, POLICE STATION at [place], or
*[Name of authorised person]
TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the *renter/*resident/*site tenant vacate *rented premises/*a room and rooming house/*a building/*a site or caravan at—
[insert details]
AND that a warrant of possession issue, to be executed within [insert number of days, not to exceed 30] days after the date of issue.
YOU are authorised, from the day this warrant is issued to [insert date warrant is to be executed by] inclusive—
(a)to enter the *rented premises/*room and rooming house/*building/*site or caravan, by force if necessary; and
(b)with such assistance as is necessary—
(i)to compel all persons for the time being occupying the *rented premises/*room (other than a shared room)/*building/*site or caravan to vacate and give possession of them to the applicant; or
(ii)to compel any person named in the possession order to vacate a shared room.
NOTES
1.Section 355(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from rented premises or a room in a rooming house or a site or caravan.
2.Section 355(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—
(a)between the hours of 6 p.m. and 8 a.m.; or
(b)on a Sunday or public holiday.
3.Despite note 1, section 360 of the Residential Tenancies Act 1997 provides for the sheriff, after a warrant of possession has been returned to the principal registrar, to remove a caravan and any goods of value in it from a caravan park and to store the caravan and goods in a safe place.
Date of issue—[date]
[Signed]
Principal Registrar
*delete if inapplicable
* * * * *
Form 7—Warrant of possession—SDA dwelling
Victorian Civil and Administrative Tribunal Rules 2018
Rule 8.12A
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
Registry ref:
RESIDENTIAL TENANCIES LIST
Name of Applicant(s)—
Name of Respondent—
WARRANT OF POSSESSION—SDA DWELLING
TO:
*OFFICER IN CHARGE, POLICE STATION at [place], or
*[Name of authorised person]
TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the SDA resident vacate the SDA dwelling at—
[insert details]
AND that a warrant of possession issue, to be executed within [insert number of days, not to exceed 30] days after the date of issue.
YOU are authorised, from the day this warrant is issued to [insert date warrant is to be executed by] inclusive—
(a)to enter the area or room and SDA dwelling, by force if necessary; and
(b)with such assistance as is necessary, to compel all persons for the time being occupying the area or room to vacate the area or room and the SDA dwelling and give possession of them to the applicant.
NOTES
1.Section 498ZZR(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from an SDA dwelling.
2.Section 498ZZR(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—
(a)between the hours of 6 p.m. and 8 a.m.; or
(b)on a Sunday or public holiday.
Date of issue—[date]
[Signed]
Principal Registrar
*delete if inapplicable
SCHEDULE 3—REVOKED STATUTORY RULES
Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009, S.R. No. 154/2009
Victorian Civil and Administrative Tribunal (Amendment No. 1) Rules 2010, S.R. No. 68/2010
Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010, S.R. No. 73/2010
Victorian Civil and Administrative Tribunal (Amendment No. 3) Rules 2010, S.R. No. 117/2010
Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011,
S.R. No. 97/2011
Victorian Civil and Administrative Tribunal (Major Cases List Amendment) Rules 2012, S.R. No. 1/2012
Victorian Civil and Administrative Tribunal (Amendment No. 4) Rules 2013, S.R. No. 16/2013
Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013, S.R. No. 17/2013
Victorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2013, S.R. No. 38/2013
Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013, S.R. No. 71/2013
Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013, S.R. No. 105/2013
Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013, S.R. No. 124/2013
Victorian Civil and Administrative Tribunal (Amendment No. 9) Rules 2013, S.R. No. 165/2013
Victorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014, S.R. No. 35/2014
Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014, S.R. No. 133/2014
Victorian Civil and Administrative Tribunal (Service Outside Victoria and Other Amendments) Rules 2014, S.R. No. 181/2014
Victorian Civil and Administrative Tribunal (Vexatious Proceedings Amendment) Rules 2014, S.R. No. 182/2014
Victorian Civil and Administrative Tribunal (Default Scale of Costs Amendment) Rules 2015, S.R. No. 6/2015
Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2015, S.R. No. 37/2015
Victorian Civil and Administrative Tribunal (Allocation to Lists Amendment) Rules 2015, S.R. No. 99/2015
Victorian Civil and Administrative Tribunal (Amendment No. 13) Rules 2015, S.R. No. 112/2015
Victorian Civil and Administrative Tribunal (Amendment No. 14) Rules 2016, S.R. No. 80/2016
Victorian Civil and Administrative Tribunal (Fees and Other Amendments) Rules 2016, S.R. No. 81/2016
Victorian Civil and Administrative Tribunal (Amendment No. 15) Rules 2016, S.R. No. 113/2016
Victorian Civil and Administrative Tribunal (Amendment No. 16) Rules 2017, S.R. No. 3/2017
Victorian Civil and Administrative Tribunal (Amendment No. 17) Rules 2017, S.R. No. 35/2017
Victorian Civil and Administrative Tribunal (Amendment No. 18) Rules 2017, S.R. No. 110/2017
Victorian Civil and Administrative Tribunal (Amendment No. 19) Rules 2018, S.R. No. 18/2018
SCHEDULE 4—REMUNERATION SCALE FOR ADMINISTRATORS UNDER THE GUARDIANSHIP AND ADMINISTRATION ACT 2019
1Application
This remuneration scale applies to all administration orders where the administrator (being an individual or a body corporate) carries on a business of, or including, the administration of estates, except the scale does not apply to the following—
(a)State Trustees Limited;
(b)a trustee company within the meaning of section 601RAA of the Corporations Act;
(c)an administration order that the Tribunal determines is not subject to this scale.
2Payment for acting as administrator
The amount the administrator is entitled to payment (including GST) from the funds of the represented person is shown below.
2.1$350 per hour (inclusive of GST) for the planning, decision making and negotiation to secure the represented person's financial position, including any of the following tasks—
(a)attending a Tribunal hearing for appointment of an administrator;
(b)establishing and reviewing an understanding about the represented person's income, expenses, assets and liabilities;
(c)establishing an understanding about the represented person's will and preferences for spending, gifting, managing assets and liabilities;
(d)establishing an understanding about whether the represented person has or needs an NDIS plan;
(e)meeting with a represented person's guardian or other formal or informal decision maker or supporter, determining decisions to be made by the guardian or other formal or informal decision maker and likely impact on finances;
(f)if necessary, replacing the represented person as director of a company, where Corporations Law permits, or other role (such as appointor of discretionary trust, where this is permitted under the terms of the trust) unless other provisions have been made for those roles (include seeking legal advice on performance of role);
(g)deciding whether the represented person is able to have access to any funds or manage any of the tasks themselves;
(h)deciding whether any restructure of bank accounts is required, establishing if the represented person has any joint ownership arrangements and how these will be managed;
(i)reviewing, approving and lodging a Financial Statement and Plan;
(j)negotiating and making arrangements with debtors;
(k)carrying on a business of the represented person and reviewing, settling and signing contracts and agreements;
(l)purchasing or selling real estate;
(m)attending reassessment hearings at the Tribunal;
(n)communicating with the Tribunal about any major decision for which an administrator requires approval or advice prior to undertaking the transaction (for example, change of ownership of assets from joint to sole and, in some cases, sale of property).
2.2$120 per hour (inclusive of GST) for administrative tasks relating to transactions, record keeping, correspondence and other administrative aspects of planning, decision making and negotiation, including any of the following tasks—
(a)securing, taking possession, or collecting assets;
(b)locating the represented person's Will;
(c)collecting income (for example, dealing with Centrelink concerning payment failures and errors);
(d)paying accounts;
(e)maintaining records of all income and expenditure;
(f)managing assets and liabilities;
(g)managing and maintaining real estate;
(h)renting out real estate, dealing with agents;
(i)surrendering life assurance policies;
(j)insuring property and other assets;
(k)paying debts;
(l)recovering debts owed to the represented person;
(m)discharging mortgages;
(n)ensuring that the represented person receives their entitlements to any deceased estates to which they are a beneficiary;
(o)preparing and lodging tax returns;
(p)recording transactions and filing and safe custody of documentation;
(q)communicating with relevant authorities, Centrelink, banks, financial advisors and other like entities (online or in person) to notify them that the administrator has been appointed by the Tribunal;
(r)communicating with the Tribunal about any decision, other than a major decision, for which an administrator requires approval or advice prior to undertaking the transaction;
(s)preparing and lodging an annual Account by Administrator.
2.3Where a task referred to in clause 2.1 or 2.2 exceeds one hour, the rate is to be charged for any subsequent time after the first hour in 15 minute increments of—
(a)in the case of a task referred to in clause 2.1, $87.50 per 15 minute increment; and
(b)in the case of a task referred to in clause 2.2, $30.00 per 15 minute increment.
2.4For clarity:
The above rates also apply to travel time associated with each of the above tasks if necessary to complete or perform the tasks (such as meeting with a represented person in their home).
2.5No payment is to be charged for the following—
(a)making appointments;
(b)attendances (including by telephone) with the represented person or any interested person that are not about their will and preferences, or are not necessary to perform or complete any of the above tasks;
(c)sending and receiving documents by email or fax, where a fee can already be charged for the preparation, review or obtaining of the document.
2.6However, total payment shall not exceed, unless the Tribunal otherwise approves—
(a)$12 000 (inclusive of GST) per year of administration for all of the above tasks other than acting as director where permitted, carrying on a business or other tasks specifically agreed by the Tribunal if the represented person has assets of more than $20 000 (excluding principal place of residence);
(b)$2 000 (inclusive of GST) per year of administration if the represented person has assets of less than $20 000 (excluding principal place of residence) and income of less than $930 per fortnight.
2.7Under Rule 7.06, the Tribunal can agree to a different remuneration cap, or no remuneration cap, on application, where the administrator demonstrates a higher cap is necessary in the particular circumstances. This application can be made at the time of appointment or during the appointment as administrator, and may be amended during the administration.
2.8Under Rule 7.07, the Tribunal may direct that the administrator provide copies of invoices for work done to the represented person or other nominated person. The administrator will be required to provide invoices in the annual Account by Administrator.
2.9Under section 175(2) of the Guardianship and Administration Act 2019, the Tribunal may review the terms of the remuneration scale at any time.
3This scale applies only to those administrators carrying on a business that includes administration of estates
3.1While this remuneration scale does not apply to State Trustees Limited or licensed trustee companies, it applies to any other administrator that, according to the Guardianship and Administration Act 2019, carries on a business of, or including, the administration of estates, such as an accountant or financial adviser.
Note
The Tribunal may still allow remuneration to be paid to administrators that are not in the business of administration of estates, however this is a decision under section 175(1) of the Guardianship and Administration Act 2019 and would not fall within the scope of this remuneration scale.
3.2There must be a reasonable connection between the administration of estates and the other business undertaken by the administrator (as opposed to running 2 separate "businesses" in parallel). This is likely to be satisfied for any professional services business, although it remains a relevant factor that the administration of estates should be part of the business of the administrator, not in substance a separate and distinct activity.
4Remuneration not covered by this scale
4.1The above scale does not apply to—
(a)reimbursements for disbursements reasonably and necessarily incurred (including postage costs, out‑of‑pocket travel costs and fees paid to third parties); or
(b)tasks or services provided by the administrator or their staff that are genuine speciality legal services or advice—these are services that a competent professional administrator who is not a lawyer would not usually perform themselves, but would normally engage a third party legal practitioner to do, for example—
(i)drafting legal documents such as contracts or complex or non‑routine wills; or
(ii)reviewing contracts where it would be usual to seek independent legal advice before signing; or
(iii)interpreting legal requirements.
4.2For the tasks referred to in clause 4.1(b), the administrator is entitled to remuneration calculated according to the Practitioner Remuneration Order made under the Legal Profession Uniform Law Application Act 2014.
Note
For legal services that require section 51 approval (bringing or defending actions or other legal proceedings) under the Guardianship and Administration Act 2019 or for any other activities for which the administration order states that Tribunal approval is required, remuneration would be determined under those separate arrangements.
4.3For accounting or financial management firms, and if the scale is adopted, used or applied by State Trustees Limited or a licensed trustee company, the scale does not apply to fees that may be charged for providing financial advice of a type that requires an Australian Financial Services (AFS) licence.
4.4For fees charged for genuine legal services or financial advisory services performed by the administrator that are to be charged outside the administrator scale, the administrator must inform the represented person, or other nominated person, and the Tribunal, in writing, prior to performing those services of—
(a)the nature of these services; and
(b)why these are services that an administrator who is not a legal professional or financial adviser (as the case may be) is unable to reasonably perform themselves; and
(c)how the fee for the services will be calculated; and
(d)an estimate of the total cost of those services.
4.5The administrator must seek the leave of the Tribunal to undertake any legal proceedings on behalf of the represented person.
Note
See section 51 of the Guardianship and Administration Act 2019.
5Transitional matters
5.1This remuneration scale applies to new administrator appointments made on or after 1 July 2024.
5.2This remuneration scale does not apply to administration orders in place prior to the date referred to in clause 5.1 that already set out the remuneration arrangements.
Dated: 14 June 2018
MICHELLE QUIGLEY, President
FRANCES MILLANE, Vice President
MARK DWYER, Deputy President
MARGARET BAIRD, Senior Member
BILL SIBONIS, Member
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victorian Civil and Administrative Tribunal Rules 2018, S.R. No. 77/2018 were made on 14 June 2018 by the Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998, under section 157 of the Victorian Civil and Administrative Tribunal Act 1998, No. 53/1998 and came into operation on 17 June 2018: rule 1.03.
The Victorian Civil and Administrative Tribunal Rules 2018 will sunset 10 years after the day of making on 14 June 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Civil and Administrative Tribunal Rules 2018 by statutory rules, subordinate instruments and Acts.
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Victorian Civil and Administrative Tribunal (Miscellaneous Amendments) Rules 2018, S.R. No. 187/2018
Date of Making: 26.10.18 Date of Commencement: 1.11.18: rule 3
Victorian Civil and Administrative Tribunal Amendment Rules 2019, S.R. No. 18/2019
Date of Making: 20.3.19 Date of Commencement: 22.3.19: rule 3
Victorian Civil and Administrative Tribunal Amendment (Planning and Environment Division) Rules 2019, S.R. No. 58/2019
Date of Making: 26.6.19 Date of Commencement: 28.6.19: rule 3
Victorian Civil and Administrative Tribunal Amendment (Electronic Service and Other Matters) Rules 2019, S.R. No. 145/2019
Date of Making: 12.12.19 Date of Commencement: 13.12.19: rule 3
Victorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2020, S.R. No. 28/2020
Date of Making: 30.4.20 Date of Commencement: 15.5.20: rule 3
Victorian Civil and Administrative Tribunal Further Miscellaneous Amendments Rules 2020, S.R. No. 125/2020
Date of Making: 12.11.20 Date of Commencement: 15.11.20: rule 3
Victorian Civil and Administrative Tribunal (Schedule 1 Amendments) Rules 2021, S.R. No. 54/2021
Date of Making: 10.6.21 Date of Commencement: 11.6.21: rule 3
Victorian Civil and Administrative Tribunal (Residential Tenancies and Other Acts Amendment) Rules 2021, S.R. No. 114/2021
Date of Making: 7.9.21 Date of Commencement: 10.9.21: rule 3
Victorian Civil and Administrative Tribunal (Schedule 1 Amendments) Rules 2023, S.R. No. 12/2023
Date of Making: 22.2.23 Date of Commencement: 2.3.23: rule 3
Victorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2023, S.R. No. 30/2023
Date of Making: 17.5.23 Date of Commencement: 22.5.23: rule 3
Victorian Civil and Administrative Tribunal (Service Amendments) Rules 2024, S.R. No. 7/2024
Date of Making: 9.2.24 Date of Commencement: 16.2.24: rule 3
Victorian Civil and Administrative Tribunal Amendment (Remuneration Scale under Guardianship and Administration Act 2019) Rules 2024, S.R. No. 13/2024
Date of Making: 6.3.24 Date of Commencement: 1.7.24: rule 3
Victorian Civil and Administrative Tribunal (Lists Amendments) Rules 2024, S.R. No. 27/2024
Date of Making: 24.4.24 Date of Commencement: 29.4.24: rule 3
Victorian Civil and Administrative Tribunal (Disability and Social Services Regulation Amendments) Rules 2024, S.R. No. 54/2024
Date of Making: 21.6.24 Date of Commencement: 1.7.24: rule 3
Victorian Civil and Administrative Tribunal (Principal Registrar and Other Miscellaneous Amendments) Rules 2024, S.R. No. 133/2024
Date of Making: 4.12.24 Date of Commencement: Rules 6−11 on 5.12.24: rule 3(1); rule 5 on 1.1.25: rule 3(2)
Victorian Civil and Administrative Tribunal Amendment (Schedule 1) Rules 2025, S.R. No. 110/2025
Date of Making: 16.10.25 Date of Commencement: 21.10.25: rule 3
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3 Explanatory details
No entries at date of publication.
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