Who can apply to VCAT?
My Lawyers have extensive experience in commercial lease cases that can usually be dealt with through VCAT. Landlords and Tenants may apply to VCAT to resolve Commercial Lease Disputes and Retail Tenancy Disputes.
Are you a Landlord or Tenant in a Retail Tenancy lease?
The VCAT Retail Tenancies List provides for the resolution by VCAT of applications by a landlord or tenant under a retail premises lease, seeking resolution of a retail tenancy dispute.
If you are a tenant in a retail tenancy and are in dispute with your landlord, the Small Business Commissioner can seek to resolve the dispute by mediation before it develops into legal action. Unless you are applying for an urgent injunction, you may contact the Office of the Small Business Commissioner and My Lawyers for urgent assistance.
How will disputes be dealt with?
The dispute will be referred to mediation. If the dispute has not resolved in the course of the mediation, it will be referred to a hearing to be conducted by a tribunal member.
Claims for more than $100,000 will be the subject of a preliminary hearing where the filing of points of claim, statement of evidence, etc. will be considered and a hearing date will be fixed for the determination of the dispute. The Registrar may refer these larger matters to mediation at any stage either before or after the preliminary hearing.
Claims ranging from $15,000 to $100,000 are referred first to mediation. If they do not resolve, a preliminary hearing will be conducted to give directions for the final hearing.
VCAT can make a range of remedies including orders requiring parties to do or refrain from doing various things, to pay money, surrender possession of leased premises, to grant injunctions or to vary or rescind leases and other contracts.
The tribunal may adopt as informal a procedure as possible consistent with ensuring that each party has a proper opportunity to be heard and to challenge any evidence brought against that party.
Each party will be given the opportunity to call witnesses, cross examine the other party’s witnesses and make submissions.
Final orders will be made by the VCAT member hearing the dispute and the parties will be notified of the final order if it is not made on the same day.
Take Urgent Action
Contact My Lawyers as a matter of urgency to avoid the numerous pitfalls, serious unforeseen consequences and penalties usually encountered by unprepared parties involved with disputes in VCAT cases.
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