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Application checklist
Review the information below to ensure you have the right information and documents ready for your application.
1
Understand this is a legal process
There will be things you'll need to do. For example, prepare evidence and present your side of the dispute at VCAT.
You and the other parties must follow VCAT's decision.
2
Check the rules in the legislation
For this application type the legislation you are applying under is Owners Corporations Act 2006 S125.
Choose this legislation and section number in your application and write it in your points of claim if we ask you to prepare one.
3
Decide what outcome you want
Be clear about the outcome you want and the orders we can make. For example, we can’t declare owners corporation fees excessive. We can make an order or decision about:
- the payment of money by a party
- a party must do or not do something
- a party to comply with the Act, regulations or rules of the owners corporation
- a variation of a contract or agreement
- declaring a contract or agreement is or is not void
- the meaning of a rule or delegation
- appointing or revoking the appointment of a manager of an owners corporation
- recording the VCAT order in the register kept under the Transfer of Land Act 1958 or an amendment of the register
- the appointment of an administrator
- the appointment of a committee
- damaged or destroyed buildings or improvements.
4
Get the right details of who your dispute is with
You must provide the other parties' correct name, address and email address to avoid delays and to be able to enforce the outcome.
In most disputes, you should enter the owners corporation as the respondent in your application, not the management company or the individual manager.
For an individual: use the street address (not PO Box).
For a company: use the address of the Registered Office on the ASIC Company Extract.
What's a company?
A company usually has a name ending with either 'PTY LTD' or 'LTD' and must always have an ACN or ABN. Check an invoice and if they have an ACN they're a company.
For an individual trading as a business: use the address on the ASIC Business Name Extract.
What's an individual trading as a business?
The holder of the registered business name is the person you're taking legal action against. This could be an individual or a company. It's important you get this right.
To find out if it is an individual or company, search the ASIC business names register. Look at the holder of the business name. If the holder name is a company you must select 'Company'.
If there's more than one owner of a registered business name you must add each owner as a respondent. For example, for John Smith and Bill Smith trading as 'Smiths Concreters', add John and Bill as respondents.
For an owners corporation:
- Enter the full name of the owners corporation with its registered number, for example, 'Owners corporation PS 123456B'.
- Enter the owners corporation's address, which may be the address of the owners corporation manager.
5
Have these documents ready
If the other party is a business: ASIC Business Name Extract
If the other party is a company: ASIC Company Extract
What’s ‘ASIC Company Extract’?
You must buy this document. It confirms you're taking legal action against the right business holder and that the business address is correct.
- Watch the video: How to download an ASIC Company Name Extract
- Search the ASIC Registers
- Buy Current Company Extract document for $9.00
- If the company is trading under a business name in your dispute, you must also get a Business Names Extract from the ASIC Registers
- Don't get the free Summary PDF. It doesn't have the information you need.
Need help? Call ASIC on 1300 300 630.
What’s 'ASIC Business Names Extract’?
You must buy this document. It confirms you're taking legal action against the right business holder and that the business address is correct.
- Watch the video: How to download an ASIC Business Names Extract
- Search the ASIC Registers
- Buy the Business Names Extract document for $9.00
- Look at the holder of the business name. If it's a company, you must also get a Company Names Extract from the ASIC Registers
- Don't get the free Summary PDF. It doesn't have the information you need.
Need help? Call ASIC on 1300 300 630.
6
Have your credit card ready
You pay when you submit your application. We only accept Visa or Mastercard online.