Urgent applications, injunctions, what to do if you’re facing family violence or eviction.
If you’ve been sent a copy of an application for termination of your rental agreement by your landlord, and you’re worried about eviction, the first thing to do is to speak to them.
You may be able to come to an agreement without coming to VCAT. For example, work out a payment plan.
If you get a notice or message from us telling you to come to VCAT, this means the landlord is asking us to make a decision about the situation. Don’t ignore this notice - it’s important you come to VCAT to have your say. You may even be able to reach an agreement on the day.
If you are a tenant who is being taken to VCAT due to unpaid rent, use the financial circumstances statement to give us details about your financial situation.
Call the Office of the Public Advocate on 1300 309 337 any time, including after hours, for an urgent temporary order.
If we make an order without a hearing we’ll review it at a hearing within 6 weeks.
You can call us on 1300 01 8228 during office hours about an upcoming hearing or if there’s an issue with someone who already has an administrator, guardian or power of attorney.
If you’re affected by family or personal violence and the situation is urgent, call triple zero (000).
VCAT has a family violence support worker to help you at VCAT. Our support worker can:
- help you understand the VCAT process
- help you fill out the application
- connect you to other services for ongoing support
- support you during the VCAT hearing and help you attend the hearing remotely so you can avoid contact with the other person.
Contact our family violence support worker during business hours on 03 9628 9856.
Sometimes we order someone to do or stop doing something temporarily.
This is called an interim injunction. Applying for an interim injunction is serious. You must explain to us why the situation is urgent, for example it will cause major damage.
If you think you need an interim injunction, make sure you’re able to show some important reasons for your application. Include these issues when you apply, or be ready to deal with them at the urgent hearing.
You can apply for an urgent hearing at any time. An urgent hearing means you’ll get a decision sooner if we agree.
- you may want a decision about a refund on a car you bought because you don’t have transport and the warranty period is going to expire soon
- you may want to stop the landlord from doing something they aren’t entitled to do under residential tenancies laws like trying to evict you without first applying for a termination order.
But if you want someone to do or stop doing something until your case has finished, you should apply for an injunction.
If you are asking for repairs on a rental property, the law considers these repairs urgent:
- burst water service
- blocked or broken toilet system
- serious roof leak
- gas leak
- dangerous electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- failure or breakdown of any essential service or appliance for hot water, water, cooking, heating, or laundering that's the rental provider is responsible for ● failure or breakdown of the gas, electricity or water supply
- any fault or damage in the premises that makes the premises unsafe or insecure
- an appliance, fitting or fixture that is not working properly and causes a substantial amount of water to be wasted
- serious fault in a lift or staircase.
All other repairs are considered non urgent.