Disputes about breaches of the Act, regulations and rules

An owners corporation, a lot owner or an occupier of a lot may make an application about alleged breaches of the Owners Corporations Act, regulations or rules. These applications are made under the Owners Corporations Act 2006.

Before you apply

If you are making an application about a breach of the Owners Corporations Act 2006, regulations or rules, you must follow the dispute resolution procedure set out in the owners corporations rules. If the owners corporation has not made any rules of its own, the procedure in the model rules applies.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. If you are being represented, we will only communicate with the legal or professional representative.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Cases VCAT can hear

An owners corporation needs a special resolution to make an application at VCAT that is not about the recovery of owners corporations fees or breaches of the Act, regulations or owners corporations rules. The owners corporation must provide details of the special resolution to the Tribunal at the time of making the application.

  • When we receive your application we allocate a reference number. We send a notice of hearing by post to all parties, including the respondent. We also send the respondent a copy of your application. The notice of hearing sets out the date, time and place of the hearing. We may also ask you to attend a directions hearing so that VCAT may decide what needs to happen next, including options to resolve your case without a hearing. Read more about what to expect when VCAT opens a case.

  • At VCAT we use compulsory conferences and mediation to allow the parties to work together towards a settlement. If we tell you to attend a compulsory conference or mediation, it may help you to prepare an opening statement. Use the opening statement to clearly state your case. It can be a helpful starting point for discussion between the parties. See more about how to resolve a case by agreement.

  • The VCAT member decides the case based on evidence and submissions. As soon as we provide a hearing date, start preparing for the hearing. You should bring all documents to support your case, with an additional copy to be provided to the member and the other parties. Read more about how to prepare for your final hearing.

  • Arrive at VCAT with plenty of time so that you are not late for your hearing. Go to the counter and tell them that you have arrived for your hearing. If your hearing is at 55 King Street in Melbourne the counter is on the fifth floor. When your case is called, move into the hearing room and wait for the member to announce that your case is about to be heard. Read more about what to expect on hearing day.

  • The VCAT member may give their decision at the end of the hearing. If they need more time they usually give a decision within six weeks of the last hearing date or the date when any further written submissions are filed with us. The VCAT member may give reasons for the decision verbally or in writing. If you want the reasons in writing, you must make the request within 14 days of the hearing date. Read more about what to expect after the final hearing.