VCAT Jurisdiction

Application under the Residential Tenancies List (RTL) 1997

If a landlord is about to evict you an application can be made to VCAT, for a restraining order/injunction against the landlord. As the application is bound to be heard without the landlord present (ex parte), VCAT can only make an order for an interim restraining order/injunction, and will order the principal registrar of the Tribunal to set a fresh hearing date so that the matter can be heard when both parties are present.

But what I found was that, this is used as a ploy to say both parties were there and we arrived at an “objective” decision. Actually, the decision in my case was pre-determined in the landlords favour, before the hearing began. The member just went through the motions, making it APPEAR as if a fair trial was conducted.

A witness was questioned by the member, of course the questions and answers were also pre-determined and rehearsed. I never got the opportunity to question the witness or lodge all the evidence.

The member reached a decision saying that the the Tribunal “HAS NO JURISDICTION UNDER THE RESIDENTIAL TENANCIES ACT 1997 AND THE APPLICATION IS STRUCK OUT.”

If you make an application to VCAT under the Residential Tenancies List please ask for written reasons before, during, or before the conclusion of the hearing. It is your right. If you don’t ask for reasons before the conclusion of the hearing you lose your right to ask for written reasons. There is no further opportunity. Written Reasons are really important if you were to appeal a VCAT decision, or simply to work out how the member arrived at her/his decision. If you are self-represented (handled/argued your case without a lawyer/barrister), you may not have been able to keep a running commentary of the hearing, through taking notes. So, written reasons will give more details.

Here you will find the order of VCAT with regards to my case. Here the written reasons along with my commentary and notes about the written reasons.

 

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2 thoughts on “VCAT Jurisdiction

  1. thevar says:

    i visited this page when just now i see your link on the other website but the links for this page are not working. when i am searching now on google for the links then i am seeing that you have been putting the wrong end of the stick on it. Why you do that? The vcat, it is saying “The Tribunal orders that it has no jurisdiction under the Residential Tenancies Act 1997 and the application is struck out” but that is only when they are taking all the reasons which they are saying “The Respondent has proved that the agreement between the parties is a licence and that the Residential Tenancies Act 1997 does not apply to the agreement (s.507)” . There is also many times the vcat is giving decisions for tenancies. So i think you are not putting it straight for a visitor here. You are making it very insulting but it is you i think is making a “predetermind” idea against the vcat. Let the visitor judge!!!!!!!!!!!!!!!!

    Like

  2. MB says:

    thevar – you are naive or have reason to mislead. When a hearing bias occurs, its common knowledge that VCAT’s orders will not reflect what actually happened in the hearing. Same with the audio editing.

    Like

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