- Civil Disputes-Small Claims

Please read this page before completing any applications to the Civil Claims List.

For a list of organisations that can help you complete an application to the Civil Claims List see Further advice.

For further information, please select a topic from the menu bar options to the left of this page

Things to consider before applying to VCAT
Contact details
Applications
Hearings
Further Advice
Owners Corporation disputes (Body Corporates)
Your privacy and VCAT

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Things to consider before applying to VCAT

When to apply to VCAT?

If you are in a dispute about the supply of goods or services, VCAT may be able to help you resolve the dispute. Before applying to VCAT you should try to settle your dispute with the other parties.

Who can apply to VCAT?

Anyone can apply to VCAT to resolve a dispute with:

a supplier or possible supplier; or
purchaser or possible purchaser

arising from:

the supply or possible supply; or
purchase or possible purchase

of goods and services.

Services must be supplied in trade or commerce and may include some claims relating to interests in real estate. Disputes may also include damages for breach of the provisions of the Fair Trading Act 1999 that occurred in trade or commerce.

'Anyone' includes:

traders
companies
businesses
consumers
individuals

and regardless of whether the goods or services are for private or business use.

Under what laws can I apply?

The Fair Trading Act 1999 allows you to make a very wide range of applications to VCAT.

Where your dispute is about the purchase of a used car for $40,000 or less, there are limited situations where you may wish to apply under section 45 of the Motor Car Traders Act 1986. Please seek legal advice before making your application.

You can view a copy of these Acts on the Victorian Legislation and Parliamentary Documents website at http://www.legislation.vic.gov.au - click on "Victorian Law Today".

What are the time limits for applying?

You must bring claims under the Fair Trading Act 1999 within 6 years of the dispute. Further time limits may apply if the dispute arose before 1 September 1999. If this applies, you should contact VCAT on 9628 9830 or 1800 133 055 (within Victoria) for further information.

Claims under the Motor Car Traders Act 1986. must be made within 3 months.

How much can I claim?

There is no limit to the amount you can claim. The person(s) you are making this claim against may counterclaim for the money you owe them.

Who will pay the costs?

In most cases no costs can be ordered for claims for $10,000 or under. For claims over $10,000, generally each party will pay their own costs.

What is the fee for applying?

Please see the fees page for details.

Examples of claims under the Fair Trading Act

To assist you, here are examples of some of the subjects of claims that can be made under the Fair Trading Act. There are many others that are not listed.

Debts
Motor vehicle purchase, panel beating and mechanical repair parts and services
Building disputes, renovations and extensions to homes, office, shops and business premises (including landscaping, concreting, paving, flooring, tiling and carpet laying services)
Cars, motorcycles, caravans and other vehicles
Boats and marine services
Household goods including furniture purchase and repairs and service to electrical and white goods, computers, photocopiers etc
Furniture removal and storage services
Wedding, hairdressing, video, photography, dressmaking, reception, and restaurant services
Travel services and holiday accommodation
Gas, electricity, water, sewerage and telecommunications
Dry cleaning
Introduction agencies
Funeral and stone masonry services
Pets and livestock
Contract to purchase, sell or rent real estate
Claims against professionals (including doctors, lawyers and real estate agents)
Goods purchased that are faulty or unsatisfactory services rendered
Insurance claims against your insurance company
Misleading or deceptive conduct, false representation and unconscionable conduct
Loss, injury or damage because of a contravention of the Fair Trading Act 1999
Injunction requiring someone to stop or to do something
Declaration of unfair terms in consumer contracts entered into after 8/10/03
Unconscionable conduct in trade or commerce in connection with supply or possible supply of goods or services.

If a claim has been made against me, what do I do?

If you want to defend it but do not have a claim against the person making the claim, go to the hearing and tell your side of the story. This is what most people do.

If you believe you have a claim against the person making the claim, lodge your own claim with VCAT (called a counterclaim). Do not delay - if you do you may be liable for costs of an adjournment.

Can I make a claim at VCAT if another court action has already started?

Whatever the value of your claim you may ask the court to transfer your case to VCAT. The court may do this if it is satisfied that your case arises mostly from a consumer and trader dispute and it would be more appropriate for VCAT to deal with it.

If you are the purchaser (not the supplier), you also have the option if the court action is for $10,000 or less and the case has not commenced hearing, to pay VCAT the amount the court is seeking from you so the action will be automatically dismissed and transferred to VCAT. If you decide to do this, you must act very quickly.

Some orders VCAT can make

Payment of money
Work to be done
Return of goods
Payment of damages
Payment of exemplary damages
Order payment by way of restitution
Review or vary a contract
Order to comply with a contract
Cancellation (rescission) of a contract
Declare a debt is or is not owing
Order a party to do or not to do something
Declare a term of a consumer contract unjust
Declare unjust a term of a consumer contract entered into after 8/10/03

VCAT has made orders. The other party has not complied. What can I do?
(Enforcing an order for the payment of money)

Below is an extract from the Law Handbook explaining how to enforce VCAT orders. Orders involving the payment of money can be registered and enforced through the courts. The procedure is different for other orders which do not involve the payment of money. You may wish to obtain independent legal advice in relation to the enforcement of any order.

Enforcing a VCAT order for the payment of money (163KB) (15 pages)

Contact details

VCAT - Civil Claims List
Ground floor 55 King Street
Melbourne Vic 3000
GPO Box 5408 CC
Melbourne Vic 3001

DX 210576 Melbourne

Telephone: (03) 9628 9830
Facsimile: (03) 9628 9988
Vic Toll Free: 1800 133 055