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Formerly known as ‘body corporates’. Disputes about the management and use of common property and areas within subdivided land, such as apartments or units.
We can deal with cases about:
Anti-social behaviour and issues such as noise, residents’ conduct, use of common areas, parking, rubbish, unit repairs and maintenance, and pets.
Disputes must be on or after 1 February 2019. Where a guest:
For example, disputes about car parking, excessive noise or rubbish left on common property.
An interim injunction orders the other party to do or stop doing something immediately, until VCAT hears your case. This is temporary.
To apply for an interim injunction you must explain in a statutory declaration or affidavit why:
An interim injunction is not:
You pay an additional fee for an interim injunction.
Legal consequences
To get an interim injunction you may have to give an ‘undertaking as to damages’. This means that if you lose the case at the final hearing, you may have to pay compensation to the other party for financial losses caused by the injunction. Find out more.
We can help you understand how to apply. We can’t give you legal advice or tell you what to write in your application. These organisations may be able to help you.
VCAT cannot give legal advice. If you do choose to get legal advice, you will need to pay any costs.
If you want to talk about what you should do, you can access free or low-cost legal advice or find a private lawyer.
If you want a lawyer or other professional representative to speak on your behalf at VCAT, let the other party know in writing before the hearing and ask permission when the hearing starts. You will need to explain why.
For some case types you have an automatic right to representation.
If the claim is for goods and services under $15,000, we generally don’t allow a lawyer or other professional representative to speak for you at VCAT.
If you do choose to get legal advice, you’ll need to pay any costs.
You can bring someone with you to your hearing for support. This support person could be anyone you choose, including a friend or family member. They can’t usually speak on your behalf, but they can help explain what you need (for example, ask for a break).
You can’t bring someone to translate for you.
If you need an interpreter you must ask us for a VCAT interpreter.
Support for people affected by family violence
If you are a protected person or responding to a case and under a family violence intervention order, you can choose to bring a support person to VCAT. The support person can be anyone you choose, including a lawyer, social worker, family member or friend.
Find out more about support for people affected by family violence at VCAT.
If you want someone to speak on your behalf, you must ask for it in writing.
Template of written authority for someone to represent you
Use this template to give someone authority to represent you. We call this person an ‘agent’.
I, <NAME> (or Your Company Pty Ltd, if a company), a party in the VCAT case reference number xxxxx/20xx wish to be represented at VCAT.
I give permission for <representative's name and occupation> (add 'employed by the company' if you're a company) to represent me.
The agent has sufficient knowledge of the issues in dispute and has my permission to bind me to any settlement.
Date xx/xx/xx
Signed:______________ Name:______________ Position:______________
If you can’t come to VCAT in person or on the scheduled date for a serious reason (for example, you have a disability, are away or unwell) you have a few options. You can:
Template of written authority for someone to represent you
Use this template to give someone authority to represent you. We call this person an ‘agent’.
I, <NAME> (or Your Company Pty Ltd, if a company),, a party in the VCAT case reference number xxxxx/20xx wish to be represented at VCAT.
I give permission for <representative's name and occupation> (add 'employed by the company' if you're a company) to represent me.
The agent has sufficient knowledge of the issues in dispute and has my permission to bind me to any settlement.
Date xx/xx/xx
Signed:______________ Name:______________ Position:______________
VCAT fees are lower if you hold a current Health Care Card issued by the Federal Government. This is the only card we accept for concession fees.
Provide a colour copy, front and back, of your Health Care Card when you apply.
You aren’t automatically entitled to concession fees if you have a Pensioner Concession Card, Seniors Health Card, student concession card or other type of concession card. You can apply to have fees waived or reduced if paying them will cause you financial hardship. This is called an application for fee relief.
Apply for fee relief using a concession card.
See also: What can I do if I can’t pay the fees?