The Law Handbook 2024

722 Section 7: Consumers, contracts, the internet and copyright What can VCAT do? VCAT has the power to make the following orders under the ACL&FTA: • order a party to pay money; • order a party to perform work to rectify a defect in goods or services; • order return of goods; • order payment of damages including exemplary damages; • order payment by way of restitution; • vary a term of a contract or rescind a contract; • order a contract to be performed; • declare a term of a contract void and order a refund of money paid; • order interest; • declare that a debt is, or is not, owing; and • order a party todoor refrain fromdoing something. VCAT has power to include in an order a requirement that what is ordered to be done be done within a specific time. Where the parties to a dispute reach a settlement, VCAT may make orders necessary to give effect to the settlement (s 93(1) VCAT Act). An applicant should always request that VCAT make this order. The terms of settlement may include a right to reinstate the claim if a promise to perform work is not complied with within an agreed time, or to be paid an agreed sum of money in those circumstances. The power to declare that a debt is not owing is important. A person who is concerned that they will be sued in a court, and face incurring significant costs, can seek this declaration in VCAT. VCAT is less likely to award costs, and its simpler procedures usually make it less expensive than court proceedings. Making a claim to VCAT If you would like VCAT to deal with a dispute about buying or selling goods or services, fill in and submit VCAT’s ‘Application to the Civil Claims List’ form. This form can be downloaded from VCAT’s website at www.vcat.vic.gov.au (click ‘Forms, guides and resources’, then ‘Application forms’). Applications can be submitted online via VCAT’s website. It is the duty of VCAT’s registrar and of every registrar of a Magistrates’ Court to give assistance in completing the application. Community legal centres, voluntary legal services and solicitors may also be of assistance in obtaining application forms and in filling them in. VCAT’s prescribed fees changed on 1 July 2016. There are now three levels of fee payers: • concession fee payers (who hold a current Health Care Card); • standard fee payers (individuals including traders, not-for-profit organisations and incorporated businesses with a turnover of less than $200 000 in the previous financial year); • corporate fee payers (this includes government agencies). Fees are highest for corporate fee payers. The amount of the fee depends on the size of the claim, but the cut-off points are now further apart. For example, until 2015 the minimum fee increased once a claim exceeded $500. Now, the minimum fee applies to claims of up to $3000. Concession fee payers pay no fee on claims up to $15000. If an application is made online, the fee is automatically calculated. The prescribed fees (as at 1 July 2023) are listed in the table below. VCAT’s fees for making a claim Amount of claim Corporate fee payers Standard fee payers Concession fee payers $1–$3000 $100.20 $70.10 No fee $3001– $15000 $333.90 $233.70 No fee $15001– $100000 $747.30 $523.10 $174.90 $100001– $500000 $1224.30 $857.00 $174.90 $500001– $1000000 $1669.50 $1168.70 $174.90 $1000001– $5000000 $2114.70 $1480.30 $174.90 $5000001 or more $2559.90 $1791.90 $174.90 No monetary value (goods and services, building) $747.30 $523.10 $174.90 If paying the fee would cause financial hardship, the principal registrar has the power to waive the fee.