Stopping VCAT orders for residential tenancies appeals

Posted on 30 May 2019

VCAT will conduct hearings to decide whether to temporarily stop residential tenancies orders when tenants or landlords appeal to the Supreme Court.

The tribunal has sometimes made such decisions without requiring tenants and landlords to attend a hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision.

This change in process follows a decision by the Court of Appeal, part of the Supreme Court, in Quick v Lam-Ly Pty Ltd on 22 May 2019.

The Court of Appeal ruled that:

  • VCAT must be satisfied that it is justified in temporarily stopping an order (granting a stay) for an appeal. To meet this requirement, VCAT will now conduct a hearing to decide whether to grant a stay.
  • If a warrant has been issued to take possession of a property, VCAT may grant an interim stay when it receives notice of an application for leave (permission) to appeal to the Supreme Court. VCAT will then arrange a hearing as soon as practical, so all parties can have their say on the application for a stay.
  • VCAT cannot stay an order when an appeal to the Trial Division of the Supreme Court has concluded and a further appeal is made to the Court of Appeal.

More information

Read the Court of Appeal decision: Quick v Lam-Ly Pty Ltd

If you have a question about a stay application in a residential tenancies case, see a listDefinitionA List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. of organisations that may be able to help you on our Renting a Home page.