When VCAT makes a final decision in a case, we give you an order on the day or we send it to you several weeks after the hearing.
The order is a formal instruction for how the dispute is going to be resolved.
There are two types of final orders:
- monetary orders, which mean a party must pay another party money
- non-monetary orders, which mean a party must do something or not do something.
When VCAT makes a monetary order, we give a copy to both parties and the money must be paid immediately or by the deadline given in the order.
If the party fails to do as ordered, contact them to make sure they received and understood the order.
If the other party still does not follow the order, you can either:
- ask VCAT to re-open the order
- enforce the order through a court.
Re-opening an order
If a VCAT order was made in your favour but you have a problem with enforcing or complying with it, you can ask VCAT to review it. This is called re-opening an order.
For example, in the event the other party does not do as instructed in the original order, you can ask VCAT to change the order so the other party must reimburse you if you need to hire someone else to do it.
VCAT may vary the order, or revoke the order and make another. We will only do this if we are satisfied there are problems with enforcing or complying with the order. We do not reconsider the merits of the original case.
To apply, make an application to re-open an order for enforcement reasons.
Enforcing an order through a court
If a party does not follow the order or you cannot contact them, you may ask the appropriate court to enforce the order. An order will only be enforced at your request. VCAT does not enforce the decision or order.
Where the amount to be paid is $100,000 or less, you may ask the Magistrates’ Court of Victoria to enforce the order.
Where the amount to be paid is over $100,000, you can enforce the monetary order in either the County Court or the Supreme Court.
You will need to pay a court fee to enforce the order. These fees can be added to the debt the party owes you. Bear in mind that the debtor may be bankrupt or have no property or income that can be used to pay the debt.
You can ask the Supreme Court to enforce a non-monetary order.
How to have your order enforced
To have a monetary order or non-monetary order enforced, send an email to VCAT with the following information:
- the VCAT reference number for your case
- the date the VCAT order was made.
We advise you when we have forwarded your request to the court that can enforce the order. Once you receive our confirmation, it becomes a court matter. You should direct any further queries to that court.