{"id":"sr:victorian-civil-and-administrative-tribunal-rules-2018","name":"Victorian Civil and Administrative Tribunal Rules 2018","slug":"victorian-civil-and-administrative-tribunal-rules-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181436,"registerId":"vic-sr:victorian-civil-and-administrative-tribunal-rules-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Order 1","sectionType":"part","heading":"Preliminary","content":"Order 1—Preliminary\n\nRule 1.01 substituted by S.R. No. 143/2025 rule 5.\n\n\t","sortOrder":0},{"sectionNumber":"1.01","sectionType":"section","heading":"Objects","content":"1.01 Objects\n\nThe objects of these Rules are—\n\n(a) to regulate the practice and procedure of the Victorian Civil and Administrative Tribunal; and\n\n(b) to facilitate the fair, efficient, timely and cost-effective resolution of proceedings in the Victorian Civil and Administrative Tribunal, including by use of ADR processes.\n\n  ","sortOrder":1},{"sectionNumber":"1.02","sectionType":"section","heading":"Authorising provisions","content":"1.02 Authorising provisions\n\nThese Rules are made under section 157 of the **Victorian Civil and Administrative Tribunal Act 1998** and all other enabling powers.\n\n  ","sortOrder":2},{"sectionNumber":"1.03","sectionType":"section","heading":"Commencement","content":"1.03 Commencement\n\nThese Rules come into operation on 17 June 2018.\n\n  ","sortOrder":3},{"sectionNumber":"1.04","sectionType":"section","heading":"Revocation","content":"1.04 Revocation\n\nThe Rules set out in Schedule 3 are **revoked**.\n\n  ","sortOrder":4},{"sectionNumber":"1.05","sectionType":"section","heading":"Definitions","content":"1.05 Definitions\n\nIn these Rules—\n\nRule 1.05 def. of *goods and services dispute* inserted by S.R. No. 143/2025 rule 6(1).\n\n***goods and services dispute*** means—\n\n(a) a consumer and trader dispute within the meaning of Chapter 7 of the **Australian Consumer Law and Fair Trading Act 2012**; or\n\n(b) a cause of action arising under any provision of the Australian Consumer Law (Victoria);\n\nRule 1.05 def. of *member in charge of a list* revoked by S.R. No. 143/2025 rule 6(2).\n\nRule 1.05  \ndef. of *the Act* amended by S.R. No. 18/2019 rule 5(1).\n\n***the Act*** means the **Victorian Civil and Administrative Tribunal Act 1998**;\n\nRule 1.05  \ndef. of  \n*the register* inserted by S.R. No. 18/2019 rule 5(2).\n\n***the register*** means the register of proceedings kept by the principal registrar under section 144(1) of the Act;\n\n\t","sortOrder":5},{"sectionNumber":"1.06","sectionType":"section","heading":"Dispensing with compliance","content":"1.06 Dispensing with compliance\n\nThe Tribunal may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.\n\nRule 1.07 substituted by S.R. Nos 133/2024 rule 5, 143/2025 rule 7.\n\n\t","sortOrder":6},{"sectionNumber":"1.07","sectionType":"section","heading":"Default scale of costs","content":"1.07 Default scale of costs\n\nUnless the Tribunal otherwise orders, the scale of costs that applies for matters in the Tribunal is—\n\n(a) 83·68 per cent of an amount specified in item 19 (Counsel's Fees) of Appendix A to Chapter I of the Rules of the Supreme Court as in force on 31 December 2024; and\n\n(b) 81·60 per cent of an amount specified in any other item of Appendix A to Chapter I of the Rules of the Supreme Court as in force on 31 December 2024.\n\nOrder 2 (Headings and rules 2.01–2.09) amended by S.R. Nos 18/2019 rules 6, 7, 58/2019 rules 5, 6, substituted as Order 2 (Heading and rules 2.01, 2.02) by S.R. No. 143/2025 rule 8.\n\n","sortOrder":7},{"sectionNumber":"Part Order 2","sectionType":"part","heading":"Tribunal divisions and practice areas or lists","content":"Order 2—Tribunal divisions and practice areas or lists\n\nRule 2.01 substituted by S.R. No. 143/2025 rule 8.\n\n\t","sortOrder":8},{"sectionNumber":"2.01","sectionType":"section","heading":"Divisions","content":"2.01 Divisions\n\n(1) The following divisions of the Tribunal are established—\n\n(a) consumer division;\n\n(b) land and environment division;\n\n(c) people's rights and responsibilities division;\n\n(d) ADR division;\n\n(e) legal and policy division.\n\n(2) Without limiting subrule (1), any other division of the Tribunal may be established in accordance with Rule 2.02.\n\nRule 2.02 substituted by S.R. No. 143/2025 rule 8.\n\n\t","sortOrder":9},{"sectionNumber":"2.02","sectionType":"section","heading":"Presidential directions—business of the Tribunal","content":"2.02 Presidential directions—business of the Tribunal\n\n(1) The President may direct the business of the Tribunal by giving directions about the following—\n\n(a) the establishment of divisions of the Tribunal and practice areas within those divisions;\n\n(b) the exercise of the Tribunal's functions and the business of the Tribunal within divisions or practice areas;\n\n(c) the procedure for allocating a proceeding or class of proceeding to a division or practice area;\n\n(d) the appointment of members as the heads and deputy heads of divisions;\n\n(e) the appointment of members as leads of practice areas;\n\n(f) the appointment of members to other lead roles within divisions or practice areas;\n\n(g) if the circumstances and business of the Tribunal require, the appointment of members to acting roles or interim roles as—\n\n(i) heads and deputy heads of divisions; or\n\n(ii) leads of practice areas; or\n\n(iii) other lead roles within divisions or practice areas.\n\n(2) In this Rule—\n\n***practice area*** includes a list.\n\nOrder 3 (Heading and rules 3.01–3.03) substituted as Order 3 (rules 3.01–3.10) by S.R. No. 143/2025 rule 9.\n\n","sortOrder":10},{"sectionNumber":"Part Order 3","sectionType":"part","heading":"Applications and referrals","content":"Order 3—Applications and referrals\n\nRule 3.01 substituted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":11},{"sectionNumber":"3.01","sectionType":"section","heading":"Applications to the Tribunal","content":"3.01 Applications to the Tribunal\n\n(1) For the purposes of section 67(1)(a) of the Act, an application to the Tribunal must be—\n\n(a) in writing; and\n\n(b) in the appropriate application form published on the Tribunal's website or available in hard copy from the registry.\n\n(2) For the purposes of section 67(1)(a) of the Act, unless otherwise specified in these Rules, an application to the Tribunal must contain the following—\n\n(a) the name, address, telephone number and email address of the applicant;\n\n(b) the name and (if known) the address, telephone number and email address of—\n\n(i) any other party to the proceeding; and\n\n(ii) any person who the applicant claims ought to be joined as a party to the proceeding;\n\nSee Division 2 of Part 4 of the Act.\n\n(c) if a person referred to in paragraph (a) or (b) is a corporation, its Australian Company Number or Australian Registered Body Number;\n\n(d) the enabling enactment under which the application is made;\n\n(e) a brief description of the issue or matter in dispute;\n\n(f) details of the remedy being sought from the Tribunal.\n\n(3) For the purposes of section 67(1)(c) of the Act, an application to the Tribunal must be lodged with the principal registrar by—\n\n(4) A form referred to in subrule (1)(b) may contain any necessary modification.\n\nRule 3.02 substituted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":12},{"sectionNumber":"3.02","sectionType":"section","heading":"Referrals to the Tribunal","content":"3.02 Referrals to the Tribunal\n\n(1) For the purposes of section 69 of the Act, a referral to the Tribunal must be—\n\n(a) in writing; and\n\n(b) in the appropriate application form published on the Tribunal's website or available in hard copy from the registry.\n\n(2) For the purposes of section 69 of the Act, a referral to the Tribunal must specify—\n\n(a) the person who is the subject of the referral (if applicable); and\n\n(b) the enabling enactment under which the referral is made.\n\n(3) For the purposes of section 69 of the Act, a referral to the Tribunal must be lodged with the principal registrar by—\n\n(4) A form referred to in subrule (1)(b) may contain any necessary modification.\n\nRule 3.03 substituted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":13},{"sectionNumber":"3.03","sectionType":"section","heading":"Application for statement of reasons","content":"3.03 Application for statement of reasons\n\n(1) Rule 3.01(2) does not apply to an application to the Tribunal under section 47(1) of the Act.\n\n(2) An application to the Tribunal under section 47(1) of the Act must specify the following—\n\n(a) the name, address, telephone number and email address of the applicant;\n\n(b) the name, address, telephone number and email address of the decision‑maker;\n\n(c) the enabling enactment under which the application is made;\n\n(d) the decision;\n\n(e) the date of the decision.\n\nRule 3.04 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":14},{"sectionNumber":"3.04","sectionType":"section","heading":"Proceeding for review of decision—material to be lodged by decision-maker","content":"3.04 Proceeding for review of decision—material to be lodged by decision-maker\n\nFor the purposes of section 49(1), (3) and (4) of the Act, the required number of copies of each statement or document to be lodged is one.\n\nRule 3.05 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":15},{"sectionNumber":"3.05","sectionType":"section","heading":"Information in relation to respondent companies or incorporated associations to accompany certain applications","content":"3.05 Information in relation to respondent companies or incorporated associations to accompany certain applications\n\n(1) This Rule applies to an application to the Tribunal other than—\n\n(a) an application to review a decision made by a decision-maker; or\n\n(b) an application under the **Residential Tenancies Act 1997** or Part 9 of the **Social Services Regulation Act 2021**.\n\n(2) For the purposes of section 67(1)(b) of the Act, an application to which this Rule applies must be accompanied by—\n\n(a) if a respondent to the application is a company incorporated under the Corporations Act, a record of a company search of the records maintained by ASIC that shows the respondent's company name and the address of the respondent's registered office; and\n\n(b) if a respondent to the application is an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**, an extract of the register of incorporated associations kept under that Act that shows the respondent's registered name and registered address.\n\nRule 3.06 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":16},{"sectionNumber":"3.06","sectionType":"section","heading":"Information in relation to fee payer status to accompany applications","content":"3.06 Information in relation to fee payer status to accompany applications\n\n(1) Subject to subrule (2), for the purposes of section 67(1)(b) of the Act, an application to the Tribunal by a person or entity (other than a natural person) who is a standard fee payer within the meaning of the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 must be accompanied by a statutory declaration as to the basis on which the person or entity is a standard fee payer.\n\n(2) An application referred to in subrule (1) is not required to be accompanied by a statutory declaration if the applicant is a person or entity that has as its whole or dominant purpose a charitable, benevolent, or philanthropic purpose, other than a school or a government body.\n\nRule 3.07 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":17},{"sectionNumber":"3.07","sectionType":"section","heading":"Procedure for reduction, waiver, postponement, remission or refund of fees payable","content":"3.07 Procedure for reduction, waiver, postponement, remission or refund of fees payable\n\n(1) For the purposes of section 132 of the Act, a party to a proceeding, or a person intending to commence a proceeding, may apply to the principal registrar for the reduction, waiver, postponement, remission or refund of—\n\n(a) a fee paid or payable under the Act or the regulations; or\n\n(b) a fee or charge for services provided by the Tribunal of a kind not referred to in paragraph (a).\n\n(2) If an application referred to in subrule (1) is an application for the reduction, waiver, postponement, remission or refund of a fee or charge on the grounds of hardship, the applicant must be a natural person.\n\n(3) The application for the reduction, waiver, postponement, remission or refund of a fee or charge must be in the form provided on the website of the Tribunal.\n\n(4) An applicant must provide any additional information in relation to an application for the reduction, waiver, postponement, remission or refund of a fee or charge paid or payable if requested to do so by the principal registrar or a registrar.\n\n(5) If an application for the reduction, waiver, postponement, remission or refund of a fee or charge paid or payable is rejected in whole or in part by a registrar, the applicant may apply to the principal registrar for review of that determination.\n\n(6) In considering an application for review under subrule (5), the principal registrar—\n\n(a) may request the applicant to provide any additional information in relation to an application; and\n\n(b) must either—\n\n(i) affirm the determination of the registrar; or\n\n(ii) make a determination reducing, waiving, postponing, remitting or refunding the fee or charge paid or payable in substitution of the determination of the registrar.\n\nRule 3.08 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":18},{"sectionNumber":"3.08","sectionType":"section","heading":"Lodgement of documents relating to waiver or reduction of fees","content":"3.08 Lodgement of documents relating to waiver or reduction of fees\n\n(1) A party to an application or referral, or a person seeking to have a fee waived or reduced under section 132(1) of the Act, may, by electronic communication to the principal registrar, lodge with the Tribunal any document relevant to the application, referral or the seeking of a reduction or waiver of a fee.\n\n(2) The principal registrar may refuse to accept any document if the principal registrar considers the document is illegible.\n\n(3) The original of any document lodged with the Tribunal in accordance with this rule must be retained by or on behalf of the party on whose behalf it was lodged and provided to the Tribunal at the request of the principal registrar.\n\nRule 3.09 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":19},{"sectionNumber":"3.09","sectionType":"section","heading":"Address for service of documents","content":"3.09 Address for service of documents\n\n(1) An applicant must provide an address for service of documents in Victoria when making an application or referral.\n\n(2) Any party other than the applicant must, not later than 14 days after becoming a party, file with the principal registrar a statement of that party's address in Victoria for the service of documents.\n\n(3) An address for service provided by an applicant or other party must include an electronic address for the receipt of electronic communication by that applicant or other party.\n\n(4) Without limiting subrule (1), (2) or (3), an address for service or electronic address provided by an applicant or other party may be an account in the digital portal if—\n\n(a) the applicant or other party has registered the account and agreed to use the digital portal for the service of documents in the proceeding; or\n\n(b) a representative of the applicant or other party has registered the account and been instructed by the applicant or other party to receive the documents in the proceeding and accept service on behalf of the applicant or other party.\n\n(5) An applicant, when making an application or referral, may provide an electronic address of a person or company, being an electronic address from which the person or company has communicated with the applicant in relation to the matter.\n\n(6) An electronic address provided by an applicant in accordance with subrule (5) is taken to be an electronic address provided by another party for the purposes of subrule (3), until the other party provides an electronic address to the Tribunal.\n\n(7) Any party who wishes to change an address for service must notify the principal registrar and each other party that the party has a new address for service and notify that person of that address.\n\n(8) Any party who wishes to change an electronic address for the receipt of electronic communication must notify the principal registrar and each other party that the party has a new electronic address and notify that person of that electronic address.\n\n(9) A party must notify the principal registrar and each other party at least 7 days before changing an address for service or electronic address.\n\n(10) In this Rule—\n\n***digital portal*** means the digital case management system that is in use by the Tribunal from time to time.\n\nRule 3.10 inserted by S.R. No. 143/2025 rule 9.\n\n\t","sortOrder":20},{"sectionNumber":"3.10","sectionType":"section","heading":"Partners, joint ventures and firms","content":"3.10 Partners, joint ventures and firms\n\n(1) If 2 or more persons carry on business as partners or a joint venture (including a business registered in the name of one person), a proceeding may be commenced by or against a person in the name of—\n\n(a) the firm or other partnership of which the person was a partner when the cause of action accrued; or\n\n(b) the joint venture in which the person was carrying on business when the cause of action accrued.\n\n(2) Subrule (1) applies regardless of whether a person commences a proceeding against, or a proceeding is commenced against a person by—\n\n(a) a partner of the same firm or other partnership; or\n\n(b) another person carrying on business in the same joint venture; or\n\n(c) a partner of another firm or other partnership that is also a partner of the same firm or other partnership.\n\n","sortOrder":21},{"sectionNumber":"Part Order 4","sectionType":"part","heading":"General procedure","content":"Order 4—General procedure\n\nRule 4.01 revoked by S.R. No. 143/2025 rule 10.\n\nRule 4.02 amended by S.R. No. 30/2023 rule 5, revoked by S.R. No. 143/2025 rule 10.\n\nRule 4.02A inserted by S.R. No. 30/2023 rule 6, revoked by S.R. No. 143/2025 rule 10.\n\nRules 4.03–4.06 revoked by S.R. No. 143/2025 rule 10.\n\n\t","sortOrder":22},{"sectionNumber":"4.07","sectionType":"section","heading":"Rejection of applications by principal registrar","content":"4.07 Rejection of applications by principal registrar\n\nFor the purposes of section 71(2) of the Act, a requirement by the applicant that the principal registrar refer the application to the Tribunal for review of the rejection must be in writing received within 14 days after the applicant becomes aware of the rejection.\n\nRule 4.07A inserted by S.R. No. 143/2025 rule 11.\n\n\t","sortOrder":23},{"sectionNumber":"4.07A","sectionType":"section","heading":"Principal registrar may reject certain applications","content":"4.07A Principal registrar may reject certain applications\n\nWithout limiting section 71 of the Act, the principal registrar may reject an application—\n\n(a) that appears not to have been made by a person; or\n\n(b) made by a person that duplicates or is substantially the same as another application made to the Tribunal by that person.\n\nRule 4.08 revoked by S.R. No. 143/2025 rule 12.\n\n\t","sortOrder":24},{"sectionNumber":"4.09","sectionType":"section","heading":"Notification of commencement and service of documents","content":"4.09 Notification of commencement and service of documents\n\n(1) Unless the Tribunal otherwise directs or the principal registrar undertakes service on behalf of an applicant, an applicant must serve a copy of an application or referral on each other party or other person entitled to notice of the application or referral under the Act, the enabling enactment or these Rules within 7 days after lodging the application or referral with the principal registrar.\n\n(2) An applicant may make an application for leave to serve on a party or person outside Victoria (including outside Australia)—\n\n(a) a copy of an application or referral under subrule (1); or\n\n(b) an order or any other document in the course of a proceeding.\n\n(3) If the applicant has expressed the wish to have the application for leave determined without attendance, the Tribunal constituted by a member who is a legal practitioner may determine the application on the papers.\n\n(4) An order of the Tribunal made under subrule (2) that gives leave for service outside Victoria (including outside Australia) of an application, referral, order or any other document must specify the mode of service permitted.\n\nRule 4.10 amended by S.R. Nos 145/2019 rule 5, 27/2024 rule 5, revoked by S.R. No. 143/2025 rule 13.\n\n\t","sortOrder":25},{"sectionNumber":"4.11","sectionType":"section","heading":"Service of documents by information system","content":"4.11 Service of documents by information system\n\nFor the purposes of section 140 of the Act, sending by electronic communication to the electronic address of a party a link to an information system that can be accessed by that party to obtain a document constitutes service of that document (unless the Tribunal otherwise orders).\n\nRule 4.11A inserted by S.R. No. 30/2023 rule 7.\n\n\t","sortOrder":26},{"sectionNumber":"4.11A","sectionType":"section","heading":"Service of documents by Tribunal portal","content":"4.11A Service of documents by Tribunal portal\n\nRule 4.11A(1) substituted by S.R. No. 7/2024 rule 4(1).\n\n(1) For the purposes of section 140 of the Act, the sending of a notification by electronic communication to a registered party by the Tribunal that another registered party or the Tribunal has uploaded a notice, order or other document to the digital portal constitutes service of that notice, order or other document.\n\nSee section 141 of the Act in relation to the timing of service and when service by electronic communication is taken to be effective.\n\n(2) In this Rule—\n\nRule 4.11A(2) def. of *digital portal* amended by S.R. No. 7/2024 rule 4(2).\n\n***digital portal*** means the digital case management system that is in use by the Tribunal from time to time;\n\nRule 4.11A(2) def. of *registered party* inserted by S.R. No. 7/2024 rule 4(3).\n\n***registered party*** means—\n\n(a) a person who—\n\n(i) is a party to a proceeding or reasonably expects to be a party to a proceeding; and\n\n(ii) has registered an account in the digital portal; and\n\n(iii) has agreed to use the digital portal for the service of documents in the proceeding; or\n\n(b) a representative of a party to a proceeding or a person who reasonably expects to be a party to a proceeding where the representative has—\n\n(i) registered an account in the digital portal; and\n\n(ii) been instructed by that party or person to receive documents in the proceeding and accept service on the party's or person's behalf.\n\n\t","sortOrder":27},{"sectionNumber":"4.12","sectionType":"section","heading":"Substituted service outside Victoria","content":"4.12 Substituted service outside Victoria\n\n(1) If for any reason it is impracticable to serve a document on a party or person outside Victoria (including outside Australia), the Tribunal may order that, instead of service, such steps be taken as the Tribunal specifies for the purpose of bringing the document to the notice of the party or person to be served.\n\n(2) An order made under subrule (1) may specify that electronic communication be used for the purpose of bringing the document to the notice of the party or person to be served.\n\n(3) The Tribunal may make an order under subrule (1) despite the person or party to be served being outside Victoria (including outside Australia) or having been so when the proceeding commenced.\n\n\t","sortOrder":28},{"sectionNumber":"4.13","sectionType":"section","heading":"Service on agent","content":"4.13 Service on agent\n\n(1) If a contract has been entered into by or through an agent residing or carrying on business within Victoria on behalf of a person or party residing or carrying on business outside Victoria (including outside Australia), service of a document in the course of a proceeding relating to or arising out of the subject matter of the contract may, by leave of the Tribunal, be made on the agent.\n\n(2) If the agent has given an electronic address for the receipt of electronic communication a document may be served by electronic communication to that address.\n\n\t","sortOrder":29},{"sectionNumber":"4.14","sectionType":"section","heading":"Counterclaim","content":"4.14 Counterclaim\n\n(1) Subject to the provisions of any Act or regulation, a counterclaim by one party against another party in a proceeding must be—\n\n(a) in writing and contain any particulars required by these Rules; and\n\n(b) accompanied by any documents or further information required by these Rules; and\n\n(c) lodged in the same manner as an application.\n\n(2) Unless otherwise provided by these Rules or ordered by the Tribunal, the party making the counterclaim must serve a copy of it on each other party within 7 days after lodgement.\n\n(3) The party making the counterclaim may serve a copy of it on a party by electronic communication to an electronic address given by that party.\n\n\t","sortOrder":30},{"sectionNumber":"4.15","sectionType":"section","heading":"Direction to submit to medical or other examination","content":"4.15 Direction to submit to medical or other examination\n\n(1) If the physical or mental condition of a party is relevant to a proceeding, the Tribunal may direct the party to submit to a medical, psychological or other examination by an expert whom another party proposes to call as a witness or otherwise as the Tribunal directs.\n\n(2) The Tribunal may only make a direction under subrule (1) if satisfied—\n\n(a) that the examination is reasonably necessary in the interests of justice; and\n\n(b) that there are no less restrictive means available to determine the party's physical or mental condition.\n\nRule 4.16 substituted by S.R. No. 143/2025 rule 14.\n\n\t","sortOrder":31},{"sectionNumber":"4.16","sectionType":"section","heading":"Notice of ADR","content":"4.16 Notice of ADR\n\n(1) This Rule applies to a proceeding that is to be dealt with by ADR.\n\n(2) The principal registrar must give notice of the time and place at which the ADR is to be conducted, unless the Tribunal specifies the time and place for ADR by order.\n\n(3) A notice under subrule (2)—\n\n(a) must be in writing; and\n\n(b) may be given to a party by electronic communication to an electronic address provided by that party.\n\nRule 4.17 revoked by S.R. No. 143/2025 rule 15.\n\nRule 4.18 amended by S.R. No. 125/2020 rule 5 (ILA s. 39B(2)).\n\n\t","sortOrder":32},{"sectionNumber":"4.18","sectionType":"section","heading":"Notice of hearing","content":"4.18 Notice of hearing\n\n(1) Unless the Tribunal, by order, has specified the time and place for the hearing of a proceeding, the principal registrar must give notice of the time and place for the hearing of a proceeding in writing and in accordance with any other requirement of these Rules.\n\nRule 4.18(2) inserted by S.R. No. 125/2020 rule 5.\n\n(2) The principal registrar may give notice of a hearing to a party by electronic communication to an electronic address given by that party.\n\nRule 4.19 substituted by S.R. No. 143/2025 rule 16.\n\n\t","sortOrder":33},{"sectionNumber":"4.19","sectionType":"section","heading":"Form of summons","content":"4.19 Form of summons\n\nA summons to attend the Tribunal to give evidence or to produce documents referred to in the summons must be—\n\n(a) in Form 1 in Schedule 2; and\n\n(b) issued by the principal registrar under the seal of the Tribunal.\n\nRule 4.20 (Heading) amended by S.R. No. 143/2025 rule 17(1).\n\n\t","sortOrder":34},{"sectionNumber":"4.20","sectionType":"section","heading":"Service of summons","content":"4.20 Service of summons\n\nRule 4.20(1) amended by S.R. No. 143/2025 rule 17(2).\n\n(1) A summons to attend the Tribunal to give evidence or to produce documents referred to in the summons must be served—\n\nRule 4.20(1)(a) amended by S.R. No. 28/2020 rule 5(1).\n\n(a) by the issuing party, unless the Tribunal directs otherwise; or\n\n(b) if it is issued at the initiative of the principal registrar or the Tribunal, as directed by the Tribunal.\n\nRule 4.20(1A) inserted by S.R. No. 28/2020 rule 5(2), amended by S.R. No. 143/2025 rule 17(3).\n\n(1A) The issuing party must serve a copy of a summons on each party as soon as possible after the summons has been served on the addressee but it shall not be necessary that the copy served be sealed or be served personally.\n\nRule 4.20(2) amended by S.R. No. 143/2025 rule 17(4).\n\n(2) A summons may be served by electronic communication unless the Tribunal directs otherwise.\n\n(3) When a summons is served, a sufficient sum is to be provided as conduct money.\n\nRule 4.20(4) inserted by S.R. No. 28/2020 rule 5(3).\n\n(4) In this rule—\n\nRule 4.20(4) def. of *issuing party* amended by S.R. No. 143/2025 rule 17(5).\n\n***issuing party*** means the party at whose request a summons is issued.\n\nRule 4.21 (Heading) amended by S.R. No. 143/2025 rule 18(1).\n\nRule 4.21 amended by S.R. No. 143/2025 rule 18(2).\n\n\t","sortOrder":35},{"sectionNumber":"4.21","sectionType":"section","heading":"Refusal to issue summons","content":"4.21 Refusal to issue summons\n\nIf the principal registrar refuses to issue a summons to attend the Tribunal to give evidence or to produce documents at the request of a party, the principal registrar must inform the party of the right to apply to the Tribunal for a direction that a summons be issued.\n\n\t","sortOrder":36},{"sectionNumber":"4.22","sectionType":"section","heading":"Authentication of order","content":"4.22 Authentication of order\n\nAn order of the Tribunal is authenticated in accordance with section 116(1)(b) of the Act by—\n\n(a) being signed by a member of the Tribunal or the principal registrar and having the seal of the Tribunal affixed; or\n\n(b) affixation of a member's electronic signature by or on behalf of the principal registrar, if so authorised by a member, and having the seal of the Tribunal electronically affixed; or\n\nRule 4.22(c) amended by S.R. No. 187/2018 rule 5.\n\n(c) affixation of the seal of the Tribunal by a member of the Tribunal or the principal registrar; or\n\n(d) if the order is entered into a computerised data storage or retrieval system, a member of the Tribunal or the principal registrar entering confirmation of the order into that system.\n\nRule 4.23 amended by S.R. No. 143/2025 rule 19.\n\n\t","sortOrder":37},{"sectionNumber":"4.23","sectionType":"section","heading":"Application for correction of order","content":"4.23 Application for correction of order\n\nA party who applies for the correction of an order of the Tribunal under section 119 of the Act must do so in writing, giving particulars of the claimed mistake, error, miscalculation, misdescription or defect.\n\n\t","sortOrder":38},{"sectionNumber":"4.24","sectionType":"section","heading":"Re-opening an order","content":"4.24 Re-opening an order\n\n(1) An application for review of an order under section 120 of the Act must be made within 14 days after the applicant becomes aware of the order.\n\n(2) No more than one application may be made under section 120 of the Act by the same person in respect of the same matter without leave of the Tribunal.\n\n(3) An application under section 120 of the Act must—\n\n(a) state—\n\n(i) the name, current address, telephone number and electronic address of the applicant; and\n\n(ii) the number of the original proceeding for which the review is requested; and\n\n(iii) the date on which and the manner in which the applicant became aware of the order in respect of which a review is requested; and\n\n(iv) the applicant's reasons for not attending or not being represented at the original hearing; and\n\n(b) exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv).\n\n(4) On the lodgement of an application under section 120 of the Act the principal registrar—\n\n(a) may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide information as referred to in that subrule; and\n\n(b) must advise the applicant and the other parties by notice of the procedures of the Tribunal with respect to the future conduct of the application.\n\nRule 4.24A inserted by S.R. No. 125/2020 rule 6.\n\n\t","sortOrder":39},{"sectionNumber":"4.24A","sectionType":"section","heading":"Re-opening an order for enforcement reasons","content":"4.24A Re-opening an order for enforcement reasons\n\n(1) An application for review of an order under section 120A of the Act must be made within 3 months after the order is made or a later date with the leave of the Tribunal.\n\n(2) No more than one application may be made under section 120A of the Act by the same person in respect of the same matter without leave of the Tribunal.\n\n(3) An application under section 120A of the Act must—\n\n(a) state—\n\n(i) the name, current address, telephone number and electronic address of the applicant; and\n\n(ii) the number of the original proceeding for which the review is requested; and\n\n(iii) the date of the making of the order in respect of which a review is requested; and\n\n(iv) the problem with enforcing or complying with the order that is to be remedied; and\n\n(b) exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv).\n\n(4) On the lodgement of an application under section 120A of the Act the principal registrar—\n\n(a) may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide information as referred to in that subrule; and\n\n(b) must advise the applicant and the other parties by notice of the procedures of the Tribunal with respect to the future conduct of the application.\n\n\t","sortOrder":40},{"sectionNumber":"4.25","sectionType":"section","heading":"Extension or abridgment of time","content":"4.25 Extension or abridgment of time\n\n(1) The Tribunal may exercise any of the powers referred to in section 126(2) of the Act in any proceeding.\n\nRule 4.25(2) substituted by S.R. No. 143/2025 rule 20.\n\n(2) For the purposes of section 126 of the Act, all enabling enactments and any regulations made under any of those enabling enactments are specified to be relevant enactments.\n\n\t","sortOrder":41},{"sectionNumber":"4.26","sectionType":"section","heading":"Form of warrant of arrest","content":"4.26 Form of warrant of arrest\n\nFor the purposes of section 137(2)(b) of the Act, the prescribed form of warrant is Form 2 of Schedule 2.\n\nRule 4.27 amended by S.R. No. 143/2025 rule 21.\n\n\t","sortOrder":42},{"sectionNumber":"4.27","sectionType":"section","heading":"Form of warrant of committal","content":"4.27 Form of warrant of committal\n\nFor the purposes of section 137(8) of the Act, the prescribed form is Form 3 in Schedule 2.\n\n\t","sortOrder":43},{"sectionNumber":"4.28","sectionType":"section","heading":"Alternative method of service of documents on party","content":"4.28 Alternative method of service of documents on party\n\nIn any case where section 140 of the Act provides that a notice, order or other document may be served on or given to a person by sending it to the person at an address specified by that section, the notice, order or other document may, if the person is a party, be instead sent by post or electronic communication to the current address for service of documents of that person.\n\nRule 4.29 substituted by S.R. No. 143/2025 rule 22.\n\n\t","sortOrder":44},{"sectionNumber":"4.29","sectionType":"section","heading":"Register of proceedings","content":"4.29 Register of proceedings\n\n(1) The register may be kept in electronic or written form.\n\n(2) The register must contain the following matters—\n\n(a) a number identifying the proceeding;\n\n(b) the names of the parties to the proceeding;\n\n(c) the date on which the application or referral was lodged with the Tribunal;\n\n(d) the practice area or list to which the proceeding is allocated.\n\nRule 4.29A inserted by S.R. No. 18/2019 rule 8.\n\n\t","sortOrder":45},{"sectionNumber":"4.29A","sectionType":"section","heading":"Condition for inspection of the register of proceedings by a person not party to a proceeding","content":"4.29A Condition for inspection of the register of proceedings by a person not party to a proceeding\n\n(1) For the purposes of section 144(5)(a) of the Act, it is a condition for a person who is not a party to a proceeding to provide the specified information in order to—\n\n(a) inspect that part of the register that relates to the proceeding; or\n\n(b) obtain a copy of that part of the register that relates to the proceeding.\n\n(2) For the purposes of subrule (1), the specified information is—\n\nRule 4.29A(2)(a) amended by S.R. No. 145/2019 rule 6.\n\n(a) the name of the parties to the proceeding; or\n\n(b) the proceeding number; or\n\n(c) if the proceeding relates to land, an address for the land.\n\n\t","sortOrder":46},{"sectionNumber":"4.30","sectionType":"section","heading":"Classes of persons disqualified from being a professional advocate","content":"4.30 Classes of persons disqualified from being a professional advocate\n\n(1) For the purposes of section 62(8) of the Act, a person is disqualified from being a professional advocate if—\n\n(a) the person, being or having been a legal practitioner, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise; or\n\n(b) the person, being or having been a licensed estate agent or an agent's representative under the **Estate Agents Act 1980**, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise as a licensed estate agent or an agent's representative under that Act; or\n\n(c) the person, either not being or having been a legal practitioner, or a licensed estate agent or an agent's representative under the **Estate Agents Act 1980**, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association or other body relevant to the person and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.\n\n(2) A person referred to in subrule (1)(c) is disqualified from being a professional advocate unless a Presidential member makes an order that the professional misconduct (by whatever name called) or breach of professional standard was not of such gravity as to justify the disqualification of the advocate.\n\n\t","sortOrder":47},{"sectionNumber":"4.31","sectionType":"section","heading":"Principal registrar's powers in relation to adjournment and withdrawal of a proceeding","content":"4.31 Principal registrar's powers in relation to adjournment and withdrawal of a proceeding\n\n(1) The principal registrar, on the application of a party and with the consent of the other parties, may adjourn the hearing of a proceeding.\n\n(2) The principal registrar may hear and determine an application by consent of the parties for adjournment or withdrawal of a proceeding before the hearing commences.\n\n\t","sortOrder":48},{"sectionNumber":"4.32","sectionType":"section","heading":"Time","content":"4.32 Time\n\n(1) Unless the contrary intention expressly appears, any period of time fixed by the Act or these Rules in relation to a proceeding or in any order in a proceeding shall be calculated in accordance with this rule.\n\n(2) Where a time of one day or longer is to begin on, or be calculated from, a day or event, the day or the date of the event shall be excluded.\n\n(3) Where a time of one day or longer is to end on, or be calculated to, a day or event, the day or date of the event shall be included.\n\n(4) Where the last day for doing any act at the Tribunal is a day on which the Tribunal registry is closed, the act may be done on the next day the Tribunal registry is open.\n\n(5) In calculating the time fixing, extending or abridging the time that any document must be lodged or filed with the Tribunal, a document that is lodged or filed after 4.00 p.m. or on any day that the Tribunal registry is closed is taken to have been lodged or filed on the next day the registry is open.\n\n(6) Subrule (5) does not apply to an application to commence a proceeding or any other originating process.\n\nRule 4.33 revoked by S.R. No. 143/2025 rule 23.\n\nRule 4.34 amended by S.R. No. 143/2025 rule 24.\n\n\t","sortOrder":49},{"sectionNumber":"4.34","sectionType":"section","heading":"Service of process on partners and firms","content":"4.34 Service of process on partners and firms\n\nA notice, order or document in a proceeding commenced against partners in the firm named under rule 3.10 may be served on or given to the partners and the firm by—\n\n(a) serving it on any one or more of the partners in any manner in accordance with section 140(1)(a) of the Act; or\n\n(b) sending it by post to the firm at its last known business address; or\n\n(c) sending it by electronic communication to the firm at its last known address for receipt of electronic communication; or\n\n(d) leaving it at the firm's usual or last known business address with a person on the premises who is apparently at least 16 years old and apparently employed there.\n\nRule 4.35 revoked by S.R. No. 143/2025 rule 25.\n\nOrder 5 (Headings and rules 5.01–5.05) amended by S.R. No. 58/2019 rule 7, substituted as Order 5 (Heading and rules 5.01–5.03) by S.R. No. 143/2025 rule 26.\n\n","sortOrder":50},{"sectionNumber":"Part Order 5","sectionType":"part","heading":"Litigation guardians","content":"Order 5—Litigation guardians\n\nNew rule 5.01 inserted by S.R. No. 143/2025 rule 26.\n\n\t","sortOrder":51},{"sectionNumber":"5.01","sectionType":"section","heading":"Appointment of litigation guardian for child","content":"5.01 Appointment of litigation guardian for child\n\n(1) For the purposes of section 62(5) of the Act, a person is eligible to be appointed as litigation guardian of a child who is a party to a proceeding if the person to be appointed—\n\n(a) does not have a disability that would prevent the person from properly exercising the function of litigation guardian; and\n\n(b) has no interest in the proceeding adverse to the interests of the child.\n\n(2) An application by a person to be appointed as litigation guardian of a child must be in writing.\n\n(3) A person applying to be appointed as litigation guardian of a child or the child's solicitor must certify in the application that the applicant or solicitor (as the case requires) knows or believes that—\n\n(a) the person on whose behalf the applicant seeks to be appointed is a child; and\n\n(b) the applicant has no interest in the proceeding adverse to the child.\n\n(4) If the interests of a party who is a child so require, the Tribunal, on an application or on its own initiative, may—\n\n(a) appoint or remove a litigation guardian; or\n\n(b) substitute another person as litigation guardian.\n\n(5) In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a child, the Tribunal must also be satisfied that the litigation guardian has been negligent or has engaged in misconduct in the conduct of the proceeding.\n\nNew rule 5.02 inserted by S.R. No. 143/2025 rule 26.\n\n\t","sortOrder":52},{"sectionNumber":"5.02","sectionType":"section","heading":"Appointment of litigation guardian for person with a disability","content":"5.02 Appointment of litigation guardian for person with a disability\n\n(1) For the purposes of clauses 11AC and 77B of Schedule 1 to the Act, a person is eligible to be appointed as litigation guardian of a person with a disability who is a party to a proceeding if the person to be appointed—\n\n(a) does not have a disability that would prevent the person from properly exercising the function of litigation guardian; and\n\n(b) has no interest in the proceeding adverse to the interests of the person with a disability.\n\n(2) An application by a person to be appointed as a litigation guardian of a person with a disability must—\n\n(a) be in writing; and\n\n(b) be signed by the applicant; and\n\n(c) state that the applicant has no interest in the proceeding adverse to the interests of the person with a disability.\n\n(3) An application by a person to be appointed as a litigation guardian of a person with a disability must be accompanied by a medical report about the person with a disability by a registered medical practitioner in the form published on the Tribunal's website or available in hard copy from the registry.\n\n(4) If the Tribunal is satisfied that it is appropriate in the circumstances to do so, the Tribunal may determine that an application for the appointment of a litigation guardian to conduct a proceeding on behalf of a person with a disability be dealt with as an application for the appointment of a guardian or an administrator under the **Guardianship and Administration Act 2019** in relation to the proceeding.\n\n(5) If the interests of a party who is a person with a disability so require, the Tribunal, on an application or on its own initiative, may—\n\n(a) appoint or remove a litigation guardian; or\n\n(b) substitute another person as litigation guardian.\n\n(6) In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a person with a disability, the Tribunal must also be satisfied that the litigation guardian has been negligent or has engaged in misconduct in the conduct of the proceeding.\n\nNew rule 5.03 inserted by S.R. No. 143/2025 rule 26.\n\n\t","sortOrder":53},{"sectionNumber":"5.03","sectionType":"section","heading":"Tribunal may adopt procedures for litigation guardians","content":"5.03 Tribunal may adopt procedures for litigation guardians\n\nWithout limiting section 98 of the Act, the Tribunal, to the extent it considers necessary in any proceeding, may adopt the procedures for appointing a litigation guardian set out in Chapter I of the Rules of the Supreme Court or Chapter I of the Rules of the County Court.\n\nOrder 6 (Heading) amended by S.R. No. 143/2025 rule 27.\n\n","sortOrder":54},{"sectionNumber":"Part Order 6","sectionType":"part","heading":"Goods and services","content":"Order 6—Goods and services\n\nOrder 6 Pt 1 (Heading) revoked by S.R. No. 143/2025 rule 28.\n\nRule 6.01 (Heading) amended by S.R. No. 143/2025 rule 29(1).\n\n\t","sortOrder":55},{"sectionNumber":"6.01","sectionType":"section","heading":"Application of Order to certain goods and services disputes","content":"6.01 Application of Order to certain goods and services disputes\n\nRule 6.01(1) substituted by S.R. No. 143/2025 rule 29(2).\n\n(1) This Order applies to an application in respect of a goods and services dispute, other than a dispute between a legal practitioner and a client of that legal practitioner.\n\nRule 6.01(2) amended by S.R. Nos 145/2019 rule 7, 143/2025 rule 29(3).\n\n(2) Rules 4.03 and 4.09 do not apply to a proceeding to which this Order applies.\n\nRule 6.02 amended by S.R. No. 145/2019 rule 8, substituted by S.R. No. 143/2025 rule 30.\n\n\t","sortOrder":56},{"sectionNumber":"6.02","sectionType":"section","heading":"Additional details for applications in respect of certain goods and services disputes","content":"6.02 Additional details for applications in respect of certain goods and services disputes\n\nIn addition to the details required under Rule 3.01(2), an application to which this Order applies must contain the following—\n\n(a) the Australian Business Number of the supplier of the goods or services that are the subject of the goods and services dispute;\n\n(b) if the application relates to goods that are mortgaged or leased, the name, address, telephone and other contact details of any credit provider who has an interest in the goods.\n\nRule 6.03 amended by S.R. No. 143/2025 rule 31(1).\n\n\t","sortOrder":57},{"sectionNumber":"6.03","sectionType":"section","heading":"Documents to accompany an application","content":"6.03 Documents to accompany an application\n\nFor the purposes of section 67(1)(b) of the Act, the documents required to accompany an application to which this Order applies are—\n\nRule 6.03(aa) inserted by S.R. No. 143/2025 rule 31(2).\n\n(aa) a copy of a search for the business names of any party to the proceeding and any other interested party; and\n\n(a) an extract of a business name of any respondent or any interested party which is not a company but has a registered business name; and\n\nRule 6.03(ab) inserted by S.R. No. 143/2025 rule 31(3).\n\n(ab) if a party to the proceeding or any other interested party has an Australian Business Number, a copy of an extract from the Australian Business Register that shows the party's Australian Business Number; and\n\nRule 6.03(ac) inserted by S.R. No. 143/2025 rule 31(3).\n\n(ac) a copy of the invoice, receipt or order (if available) for the goods or services that are the subject of the dispute; and\n\nRule 6.03(b) amended by S.R. No. 143/2025 rule 31(4).\n\n(b) in the case of an application under section 45(2) of the **Motor Car Traders Act 1986**—\n\n(i) a copy of the agreement for the sale of the motor car; and\n\n(ii) a copy of any contract for finance concerning the purchase of the motor car; and\n\n(iii) any other documents the applicant has in the applicant's possession concerning the purchase of the motor car or any ancillary or incidental items in association with that purchase.\n\nRule 4.05 sets out information in respect of companies and incorporated associations that is to accompany certain applications.\n\nOrder 7 (Heading) amended by S.R. No. 143/2025 rule 32.\n\n","sortOrder":58},{"sectionNumber":"Part Order 7","sectionType":"part","heading":"Human rights matters","content":"Order 7—Human rights matters\n\nOrder 7 Pt 1 (Heading and rules 7.01, 7.02) revoked by S.R. No. 143/2025 rule 33.\n\nOrder 7 Pt 2 (Heading) revoked by S.R. No. 143/2025 rule 34.\n\n\t","sortOrder":59},{"sectionNumber":"7.03","sectionType":"section","heading":"Service by principal registrar","content":"7.03 Service by principal registrar\n\nRule 7.03(1) substituted by S.R. No. 143/2025 rule 35.\n\n(1) This Rule applies if the principal registrar undertakes service under section 72(2)(a) of the Act of an application made under—\n\n(a) the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**; or\n\n(b) the **Guardianship and Administration Act 2019**; or\n\n(c) the **Medical Treatment Planning and Decisions Act 2016**; or\n\n(d) the **Powers of Attorney Act 2014**; or\n\n(e) the **Trustee Companies Act 1984**; or\n\n(f) the **Vexatious Proceedings Act 2014**.\n\nRule 7.03(1A) inserted by S.R. No. 143/2025 rule 35.\n\n(1A) Subject to any order of the Tribunal, a copy of the application must be served within 21 days after the application is lodged with the Tribunal.\n\n(2) The Tribunal may serve a copy of an application under section 72(2)(a) of the Act by electronic communication on a party or other person.\n\nRule 7.04 revoked by S.R. No. 143/2025 rule 36.\n\nRule 7.05 inserted by S.R. No. 13/2024 rule 5.\n\n\t","sortOrder":60},{"sectionNumber":"7.05","sectionType":"section","heading":"Remuneration scale for administrators under the Guardianship and Administration Act 2019","content":"7.05 Remuneration scale for administrators under the Guardianship and Administration Act 2019\n\n(1) For the purposes of section 175(2)(a) of the **Guardianship and Administration Act 2019**, the remuneration scale set out in Schedule 4 applies.\n\nRule 7.05(2) amended by S.R. No. 143/2025 rule 37(1).\n\n(2) Unless the Tribunal otherwise orders or directs, the remuneration scale applies to all administration orders under the **Guardianship and Administration Act 2019** where the administrator (whether an individual or a body corporate) carries on a business of, or including, the administration of estates, except the scale does not apply to the following—\n\n(a) State Trustees Limited;\n\n(b) a trustee company within the meaning of section 601RAA of the Corporations Act;\n\nRule 7.05(2)(c) revoked by S.R. No. 143/2025 rule 37(2).\n\nRule 7.06 inserted by S.R. No. 13/2024 rule 5.\n\n\t","sortOrder":61},{"sectionNumber":"7.06","sectionType":"section","heading":"Different or no remuneration cap","content":"7.06 Different or no remuneration cap\n\n(1) On application by an administrator, where the administrator demonstrates a higher cap is necessary in the particular circumstances, the Tribunal may—\n\n(a) agree to a different remuneration cap; or\n\n(b) agree to no remuneration cap.\n\nRule 7.06(2) revoked by S.R. No. 143/2025 rule 38.\n\n(3) During any administration, an administrator may apply to the Tribunal for amendment of a remuneration cap or no remuneration cap agreed by the Tribunal under subrule (1).\n\nUnder section 175(2) of the **Guardianship and Administration Act 2019**, the Tribunal may review the terms of the remuneration scale at any time.\n\nRule 7.07 inserted by S.R. No. 13/2024 rule 5.\n\n\t","sortOrder":62},{"sectionNumber":"7.07","sectionType":"section","heading":"Tribunal may direct administrator to provide invoices","content":"7.07 Tribunal may direct administrator to provide invoices\n\n(1) The Tribunal may direct that the administrator provide copies of invoices for work done to the represented person or other nominated person.\n\n(2) The administrator is required to provide invoices in the annual Account by Administrator.\n\nOrder 8 (Heading) amended by S.R. No. 143/2025 rule 39.\n\n","sortOrder":63},{"sectionNumber":"Part Order 8","sectionType":"part","heading":"Residential tenancies matters","content":"Order 8—Residential tenancies matters\n\nOrder 8 Pt 1 (Heading) revoked by S.R. No. 143/2025 rule 40.\n\nRule 8.01 amended by S.R. No. 143/2025 rule 41.\n\n\t","sortOrder":64},{"sectionNumber":"8.01","sectionType":"section","heading":"Definition","content":"8.01 Definition\n\nIn this Order—\n\n***Authority*** has the same meaning as in section 3(1) of the **Residential Tenancies Act 1997**.\n\nRule 8.02 amended by S.R. No. 145/2019 rule 9, substituted by S.R. No. 143/2025 rule 42.\n\n\t","sortOrder":65},{"sectionNumber":"8.02","sectionType":"section","heading":"Application of Rules to residential tenancies matters","content":"8.02 Application of Rules to residential tenancies matters\n\n(1) This Order applies to an application, referral or proceeding under—\n\n(2) Rules 3.01(1)(b), 3.02(1)(b) and 4.24(3) and (4) do not apply to an application, referral or proceeding under—\n\nRule 8.03 amended by S.R. No. 145/2019 rule 10, revoked by S.R. No. 125/2020 rule 7.\n\n\t","sortOrder":66},{"sectionNumber":"8.04","sectionType":"section","heading":"Service before lodgement","content":"8.04 Service before lodgement\n\nRule 8.04(1) amended by S.R. No. 145/2019 rule 11, substituted by S.R. No. 143/2025 rule 43.\n\n(1) This Rule applies in relation to a proposed application or referral under—\n\nRule 8.04(1A) inserted by S.R. No. 143/2025 rule 43.\n\n(1A) Despite Rule 4.09, the applicant may serve a copy of the proposed application or referral before the application is lodged with the principal registrar or a registrar of the Magistrates' Court.\n\n(2) If a copy of the proposed application or referral is served before it is lodged, the application or referral must be lodged in accordance with rule 4.04 within 7 days after service of the copy.\n\nRule 8.05 amended by S.R. Nos 145/2019 rule 12, S.R. No. 125/2020 rule 8, substituted by S.R. No. 143/2025 rule 44.\n\n\t","sortOrder":67},{"sectionNumber":"8.05","sectionType":"section","heading":"Lodgement of accompanying documents or information","content":"8.05 Lodgement of accompanying documents or information\n\n(1) An applicant who is required to lodge an accompanying document or accompanying information with an application to which this Order applies—\n\n(a) must lodge the accompanying document or accompanying information with the Tribunal by a date directed by the Tribunal; and\n\n(b) may lodge the accompanying document or accompanying information with the Tribunal by electronic communication.\n\n(2) An applicant who lodges an accompanying document or accompanying information with the Tribunal must serve that document or information on the respondent and any other party to the proceeding.\n\n(3) An applicant may serve an accompanying document or accompanying information on a party to the proceeding by electronic communication if the party has given an electronic address for service.\n\nRule 8.06 amended by S.R. Nos 145/2019 rule 13, 125/2020 rule 9, 114/2021 rule 5, 133/2024 rule 6, substituted by S.R. No. 143/2025 rule 45.\n\n\t","sortOrder":68},{"sectionNumber":"8.06","sectionType":"section","heading":"Requirements for residential tenancy applications","content":"8.06 Requirements for residential tenancy applications\n\n(1) In addition to the details required under Rule 3.01(2), an application to which this Order applies must contain the following—\n\n(a) the name, address, telephone number and email address of any agent acting for the applicant;\n\n(b) if known, the name, address, telephone number and email address of any agent acting for any other party to the proceeding or any person who the applicant claims ought to be joined as a party to the proceeding;\n\n(c) the address of the premises that is the subject of the application.\n\n(2) Despite Rule 3.01(2)(c), an application to which this Order applies is not required to contain the Australian Company Number or Australian Registered Body Number of—\n\n(a) any party to the proceeding other than the applicant; or\n\n(b) any person who the applicant claims ought to be joined as a party to the proceeding.\n\nRule 8.07 (Heading) amended by S.R. No. 143/2025 rule 46(1).\n\n\t","sortOrder":69},{"sectionNumber":"8.07","sectionType":"section","heading":"Documents and information to accompany certain applications","content":"8.07 Documents and information to accompany certain applications\n\nRule 8.07(1) amended by S.R. Nos 145/2019 rule 14(1), 125/2020 rule 10(1).\n\n(1) An application under section 46(1), 103(1), 154(1), 206X(1) or 498ZH(1) of the **Residential Tenancies Act 1997** (excessive rent or hiring charge) must be accompanied by a copy of the Director's report under section 45, 102, 153, 206W or 498ZG of that Act (as the case requires) with respect to the relevant rent or hiring charge.\n\nRule 8.07(1A) inserted by S.R. No. 125/2020 rule 10(2), amended by S.R. No. 114/2021 rule 6(1).\n\n(1A) An application under section 46(3) or 498ZH(3) of the **Residential Tenancies Act 1997** (leave to apply without Director's report) must be accompanied by a copy of the notice of rent increase given to the renter or SDA resident under section 44 or 498ZB of that Act (as the case requires).\n\nRule 8.07(1B) inserted by S.R. No. 125/2020 rule 10(2), amended by S.R. No. 114/2021 rule 6(2).\n\n(1B) An application under section 71D(1) of the **Residential Tenancies Act 1997** (refusal of pet request) must be accompanied by a copy of the renter's request given to the residential rental provider under section 71B of that Act.\n\nRule 8.07(2) amended by S.R. No. 145/2019 rule 14(2), substituted by S.R. No. 114/2021 rule 6(3).\n\n(2) An application under section 75(1)(a) or 132(1)(a) of the **Residential Tenancies Act 1997** must be accompanied by a copy of the written notice given to the residential rental provider or rooming house operator under section 74(1)(a) or 131(1)(a) of that Act (as the case requires) with respect to the relevant rented premises, room or rooming house.\n\nRule 8.07(2A) inserted by S.R. No. 114/2021 rule 6(3), amended by S.R. No. 54/2024 rule 5(1).\n\n(2A) An application under section 75(1)(b), 132(1)(b), 190(4) or 498R(1) of the **Residential Tenancies Act 1997** must be accompanied by a copy of the Director's report under section 74, 131, 190 or 498Q of that Act (as the case requires) with respect to the relevant rented premises, room, rooming house, caravan or SDA dwelling.\n\nRule 8.07(2B) inserted by S.R. No. 114/2021 rule 6(3).\n\n(2B) An application under section 191(1), 191A(1) or206ZZAD(1) of the **Residential Tenancies Act 1997** must be accompanied by a copy of the written notice given to the caravan owner, caravan park owner or site owner (as the case requires) that non-urgent repairs are required to the relevant caravan or site.\n\nRule 8.07(2C) inserted by S.R. No. 114/2021 rule 6(3).\n\n(2C) An application under section 77(1), 134(1), 193(1), 193(1A) or 206ZZAF(1) of the **Residential Tenancies Act 1997** must be accompanied by a copy of the notice given to the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner (as the case requires) requiring repairs to be carried out to the relevant rented premises, room, rooming house, caravan or site.\n\nRule 8.07(2D) inserted by S.R. No. 114/2021 rule 6(3).\n\n(2D) An application under section 78(3) of the **Residential Tenancies Act 1997** must be accompanied by a copy of the repair notice given to the renter under section 78 of that Act.\n\nRule 8.07(3) revoked by S.R. No. 125/2020 rule 10(3).\n\nRule 8.07(4) amended by S.R. No. 145/2019 rule 14(3), revoked by S.R. No. 125/2020 rule 10(4).\n\nRule 8.07(5) amended by S.R. No. 143/2025 rule 46(2).\n\n(5) An application under section 128(1) or 187(1) of the **Residential Tenancies Act** **1997** (unreasonable house or caravan park rules) must be accompanied by—\n\nRule 8.07(5)(a) inserted by S.R. No. 143/2025 rule 46(2).\n\n(a) a copy of the house rules or caravan park rules (as the case requires); and\n\nRule 8.07(5)(b) inserted by S.R. No. 143/2025 rule 46(2).\n\n(b) details of which rules are considered to be unreasonable; and\n\nRule 8.07(5)(c) inserted by S.R. No. 143/2025 rule 46(2).\n\n(c) details of the reasons why these rules are considered unreasonable.\n\nRule 8.07(5A) inserted by S.R. No. 125/2020 rule 10(5), amended by S.R. Nos 114/2021 rule 6(4), 54/2024 rule 5(2).\n\n(5A) An application by a renter, resident, site tenant or SDA resident under the **Residential Tenancies Act 1997** for an order that a notice to vacate is of no effect must be accompanied by a copy of the notice to vacate given in respect of the rented premises, room, site, caravan or SDA dwelling (as the case requires).\n\nRule 8.07(6) amended by S.R. No. 145/2019 rule 14(4).\n\n(6) An application under section 209 or 498ZQ of the **Residential Tenancies Act 1997** must be accompanied by a copy of the breach of duty notice given under section 208 or 498ZP of that Act.\n\nRule 8.07(6AA) inserted by S.R. No. 114/2021 rule 6(5).\n\n(6AA) An application under section 209AAB of the **Residential Tenancies Act 1997** must be accompanied by a copy of the written notice of the urgent repairs and the cost of the urgent repairs given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).\n\nRule 8.07(6AAB) inserted by S.R. No. 114/2021 rule 6(5).\n\n(6AAB) An application under section 215A of the **Residential Tenancies Act 1997** must be accompanied by a copy of the notice to vacate given to the resident or site tenant under section 206AZA or 207ZE of that Act (as the case requires).\n\nRule 8.07(6A) inserted by S.R. No. 125/2020 rule 10(6), amended by S.R. No. 114/2021 rule 6(6).\n\n(6A) An application under section 91V, 142S, 206AG or 207M of the **Residential Tenancies Act 1997** by a person specified in section 91V(2)(a)(i), 142S(2)(a)(i), 206AG(2)(a)(i) or 207M(2)(a)(i) must be accompanied by a copy of any family violence safety notice, family violence intervention order or recognised non-local DVO relating to parties to the application.\n\nRule 8.07(6B) inserted by S.R. No. 125/2020 rule 10(6), amended by S.R. No. 114/2021 rule 6(7).\n\n(6B) An application under section 91V, 142S, 206AG or 207M of the **Residential Tenancies Act 1997** by a person specified in section 91V(2)(a)(ii), 142S(2)(a)(ii), 206AG(2)(a)(ii) or 207M(2)(a)(ii) must be accompanied by a copy of a personal safety intervention order relating to parties to the application.\n\nRule 8.07(7) amended by S.R. Nos 145/2019 rule 14(5), 114/2021 rule 6(8).\n\n(7) An application to the Tribunal under section 322, 323, 324, 324A or 498ZZE of the **Residential Tenancies Act 1997** arising out of a notice to vacate under section 91ZO, 142ZG, 206AW, 207ZA or 498ZX(1)(l) of that Act must be accompanied by a copy of the order of the Tribunal with which it is alleged the renter, resident, site tenant or SDA resident has failed to comply.\n\nRule 8.07(8) amended by S.R. Nos 145/2019 rule 14(6), 114/2021 rule 6(9), 27/2024 rule 6, 54/2024 rule 5(3).\n\n(8) An application under section 91ZM, Division 1 of Part 7 or Division 11 of Part 12A of the **Residential Tenancies Act 1997** (possession order) must be accompanied by a copy of any notice to vacate or notice of intention to vacate given in respect of the rented premises, room, site, caravan or SDA dwelling (as the case requires).\n\nRule 8.07(9)(10) revoked by S.R. No. 114/2021 rule 6(10).\n\n(11) An application under section 374 of the **Residential Tenancies Act 1997** must be accompanied by a copy of the notice to leave given under section 368 of that Act.\n\nRule 8.07(12) revoked by S.R. No. 114/2021 rule 6(10).\n\nRule 8.07(13) amended by S.R. Nos 125/2020 rule 10(7)(8), 114/2021 rule 6(11), revoked by S.R. No. 143/2025 rule 46(3).\n\nRule 8.07(14) revoked by S.R. No. 114/2021 rule 6(12).\n\nRule 8.07(15) revoked by S.R. No. 125/2020 rule 10(9).\n\nRule 8.07(15A) inserted by S.R. No. 145/2019 rule 14(7), amended by S.R. No. 54/2024 rule 5(4).\n\n(15A) An application under section 498ZZF of the **Residential Tenancies Act 1997** (possession order for an SDA dwelling) must be accompanied by a copy of any court order which shows the mortgagee's entitlement to possession and to exercise a power of sale.\n\nRule 8.07(15B) inserted by S.R. No. 145/2019 rule 14(7), amended by S.R. Nos 114/2021 rule 6(13), 143/2025 rule 46(4).\n\n(15B) An application under section 272 or 274 of the **Social Services Regulation Act 2021** must be accompanied by a copy of the notice to vacate or notice of intention to vacate (as the case requires) in respect of the supported residential service.\n\nRule 8.07(15BA) inserted by S.R. No. 114/2021 rule 6(14), revoked by S.R. No. 54/2024 rule 5(5).\n\nRule 8.07(15C) inserted by S.R. No. 145/2019 rule 14(7), amended by S.R. No. 114/2021 rule 6(15), revoked by S.R. No. 54/2024 rule 5(5).\n\n(16) An application referred to in this rule or a document required to be lodged under this rule may be lodged by—\n\n(17) Despite subrule (16), the Tribunal may request a person required to lodge a document under this rule to lodge the document by electronic communication.\n\nRule 8.08 (Heading) amended by S.R. No. 143/2025 rule 47(1).\n\n\t","sortOrder":70},{"sectionNumber":"8.08","sectionType":"section","heading":"Further information to accompany certain applications","content":"8.08 Further information to accompany certain applications\n\nRule 8.08(1) amended by S.R. No. 143/2025 rule 47(2)(a).\n\n(1) The following applications must be accompanied by details of the acts, facts, matters and circumstances, including relevant dates, being relied on in support of the application—\n\nRule 8.08(1)(a) amended by S.R. Nos 145/2019 rule 15(1), 114/2021 rule 7(1).\n\n(a) an application under section 322, 323, 324, 324A or 498ZZE of the **Residential Tenancies Act 1997** arising out of a notice to vacate under section 91ZI, 91ZJ, 91ZK, 142ZB, 142ZC, 142ZD, 142ZE, 206AQ, 206AR, 206AS, 206AT, 207W, 207X, 207Y, 207Z or 498ZX(1)(b), (c) or (f) of that Act; or\n\nRule 8.08(1)(b) amended by S.R. Nos 145/2019 rule 15(2), 114/2021 rule 7(2).\n\n(b) an application under section 374 of the **Residential Tenancies Act 1997** for the termination of a residential rental agreement, residency right or site agreement; or\n\nRule 8.08(1)(c) inserted by S.R. No. 145/2019 rule 15(3), amended by S.R. Nos 54/2024 rule 6(1), 143/2025 rule 47(2)(b).\n\n(c) an application under section 274 of the **Social Services Regulation Act 2021** arising out of a notice to vacate under section 261, 267 or 268 of that Act.\n\nRule 8.08(1)(d) inserted by S.R. No. 145/2019 rule 15(3), revoked by S.R. No. 54/2024 rule 6(2).\n\nRule 8.08(2) amended by S.R. Nos 145/2019 rule 15(4), 114/2021 rule 7(3), 143/2025 rule 47(3).\n\n(2) An application under section 322, 323, 324, 324A or 498ZZE of the **Residential Tenancies Act 1997** arising out of a notice to vacate under section 91ZO, 142ZG, 206AW, 207ZA or 498ZX(1)(l) of that Act must be accompanied by details of the acts, facts, matters and circumstances, including relevant dates, being relied on as constituting a failure to comply with an order of the Tribunal.\n\nRule 8.08(3) amended by S.R. Nos 114/2021 rule 7(4), 143/2025 rule 47(4).\n\n(3) An application under section 322, 323, 324 or 324A of the **Residential Tenancies Act 1997** arising out of a notice to vacate under sections 91ZP, 142ZH, 206AX or 207ZB of that Act must be accompanied by details of the acts, facts, matters and circumstances, including relevant dates, being relied on as the basis for giving the notice to vacate.\n\nRule 8.08(4) amended by S.R. Nos 145/2019 rule 15(5), 114/2021 rule 7(5)(a)(b), 143/2025 rule 47(5).\n\n(4) An application under section 322, 323, 324, 324A or 498ZZE of the **Residential Tenancies Act 1997** arising out of a notice to vacate under section 91ZQ, 142ZI, 206AY, 207ZC or 498ZX(1)(g) of that Act must be accompanied by details of—\n\n(a) the illegal purpose alleged; and\n\nRule 8.08(4)(b) amended by S.R. Nos 114/2021 rule 7(5)(c), 54/2024 rule 6(3).\n\n(b) the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the rented premises were, or the room, site, caravan or SDA dwelling was, used for an illegal purpose.\n\nRule 8.08(4A) inserted by S.R. No. 145/2019 rule 15(6), amended by S.R. No. 143/2025 rule 47(6).\n\n(4A) An application under section 274 of the **Social Services Regulation Act 2021** arising out of a notice to vacate under section 263 of that Act must be accompanied by details of—\n\n(a) the illegal purpose alleged; and\n\n(b) the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the supported residential service was used for an illegal purpose.\n\nRule 8.08(4B) inserted by S.R. No. 145/2019 rule 15(6), revoked by S.R. No. 54/2024 rule 6(4).\n\nRule 8.08(4C) inserted by S.R. No. 114/2021 rule 7(6).\n\n(4C) An application under section 35A(1), 97A(1), 148A(1) or 206OA(1) of the **Residential Tenancies Act 1997** must specify the date on which the residential rental agreement, agreement in respect of a residency right or site agreement (as the case requires) is alleged to have commenced.\n\nRule 8.08(4D) inserted by S.R. No. 114/2021 rule 7(6).\n\n(4D) An application under section 46(1), 103(1), 154(1), 206X(1) or 498ZH(1) of the **Residential Tenancies Act 1997** must specify the date on which the renter, resident, site tenant or SDA resident received the Director's report under section 45, 102, 153, 206W or 498ZG of that Act (as the case requires).\n\nRule 8.08(4E) inserted by S.R. No. 114/2021 rule 7(6).\n\n(4E) An application under section 209AAB of the **Residential Tenancies Act 1997** must specify the date on which written notice of the urgent repairs and the cost of the urgent repairs was given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).\n\nRule 8.08(5) amended by S.R. Nos 114/2021 rule 7(7)(a), 143/2025 rule 47(7).\n\n(5) An application under section 322 of the **Residential Tenancies Act 1997** arising out of a notice to vacate under section 91ZU of that Actmust be accompanied by details of—\n\nRule 8.08(5)(a) amended by S.R. No. 114/2021 rule 7(7)(b).\n\n(a) the statement alleged to have been made by the renter; and\n\n(b) the date on which it is alleged the statement was made.\n\nRule 8.08(6) amended by S.R. Nos 114/2021 rule 7(8)(a), 143/2025 rule 47(8).\n\n(6) An application under section 322 of the **Residential Tenancies Act 1997** arising out of a notice to vacate under section 91ZZE of that Act must be accompanied by details of—\n\nRule 8.08(6)(a) amended by S.R. No. 114/2021 rule 7(8)(b).\n\n(a) the eligibility criterion or criteria which it is alleged the renter has ceased to meet; and\n\nRule 8.08(6)(b) amended by S.R. No. 114/2021 rule 7(8)(b).\n\n(b) the date on which it is alleged the renter ceased to meet the eligibility criterion or criteria.\n\nRule 8.08(7) amended by S.R. No. 125/2020 rule 11, substituted by S.R. No. 114/2021 rule 7(9), amended by S.R. No. 143/2025 rule 47(9)(a).\n\n(7) An application under section 419A of the **Residential Tenancies Act 1997** must be accompanied by the following documents and information—\n\nRule 8.08(7)(a) substituted by S.R. No. 133/2024 rule 7(1).\n\n(a) the amount of the bond;\n\nRule 8.08 (7)(ab) inserted by S.R. No. 133/2024 rule 7(1).\n\n(ab) the amount of bond sought;\n\n(b) the basis on which the amount is sought;\n\n(c) the date on which the residential rental agreement terminated;\n\nRule 8.08(7)(d) amended by S.R. No. 133/2024 rule 7(2).\n\n(d) whether any, and what amount of, bond was paid on behalf of the renter by Homes Victoria or an agent of Homes Victoria;\n\nRule 8.08 (7)(da) inserted by S.R. No. 133/2024 rule 7(3), amended by S.R. No. 143/2025 rule 47(9)(b).\n\n(da) the relevant Residential Tenancies Bond Authority bond number or numbers;\n\nRule 8.08 (7)(db) inserted by S.R. No. 143/2025 rule 47(9)(c).\n\n(db) a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond;\n\n(e) the name and address (including any electronic address if known) of the parties to the residential rental agreement and any other person who the applicant believes may have an interest in a claim for the bond.\n\nRule 8.08(8) revoked by S.R. No. 114/2021 rule 7(9), new rule 8.08(8) inserted by S.R. No. 133/2024 rule 7(4), amended by S.R. No. 143/2025 rule 47(10)(a).\n\n(8) An application under section 213A of the **Residential Tenancies Act 1997** must be accompanied by the following information—\n\n(a) the amount of the bond;\n\n(b) the amount of rent or hiring charges owed at the date of the application;\n\n(c) whether any, and what amount of bond was paid on behalf of the renter, resident or site tenant by Homes Victoria or an agent of Homes Victoria;\n\nRule 8.08(8)(d) amended by S.R. No. 143/2025 rule 47(10)(b).\n\n(d) the relevant Residential Tenancies Bond Authority bond number or numbers;\n\n(e) the name and address (including any electronic address, if known) of—\n\n(i) for an application in respect of rented premises—the parties to the residential rental agreement;\n\n(ii) for an application in respect of a room—the resident and the rooming house operator;\n\n(iii) for an application in respect of a caravan or caravan site—the resident and the caravan owner or caravan park owner (as the case requires);\n\n(iv) for an application in respect of a Part 4A site—the parties to the site agreement; and\n\n(v) any other person who the applicant believes may have an interest in a claim for the bond.\n\nRule 8.08(9) amended by S.R. Nos 145/2019 rule 15(7), 143/2025 rule 47(11).\n\n(9) An application under section 452(5), (6) or (6A) of the **Residential Tenancies Act** **1997** must be accompanied by details of—\n\nRule 8.08(9)(a) amended by S.R. No. 114/2021 rule 7(10).\n\n(a) the interest which the applicant claims to have in the residential rental agreement, the agreement in relation to the residency right or the SDA residency agreement (as the case requires); and\n\n(b) the circumstances in which the applicant's interest has arisen.\n\nRule 8.09 amended by S.R. No. 114/2021 rule 8, revoked by S.R. No. 143/2025 rule 48.\n\nRule 8.10 (Heading) amended by S.R. No. 114/2021 rule 9(1), substituted by S.R. No. 143/2025 rule 49(1).\n\n\t","sortOrder":71},{"sectionNumber":"8.10","sectionType":"section","heading":"Further information to accompany applications for compensation","content":"8.10 Further information to accompany applications for compensation\n\nRule 8.10(1) substituted by S.R. No. 125/2020 rule 12(1), amended by S.R. No. 143/2025 rule 49(2).\n\n(1) An application under the **Residential Tenancies Act 1997** for compensation must be accompanied by details of—\n\n(a) the amount of compensation claimed; and\n\nRule 8.10(1)(b) revoked by S.R. No. 114/2021 rule 9(2)(a).\n\nRule 8.10(1)(c) amended by S.R. No. 114/2021 rule 9(2)(b).\n\n(c) in the case of section 210(1)(a) or 210B(1)(a)—the breach of duty or failure to comply with the residential rental agreement or site agreement alleged (as the case requires) and the loss or damage caused by the breach or failure; and\n\n(d) in the case of section 210(1)(b) or 210B(1)(b)—the payments made to the other party that the applicant was not required to pay; and\n\nRule 8.10(1)(da) inserted by S.R. No. 114/2021 rule 9(2)(c).\n\n(da) in the case of section 452(1)(b)—the breach of the residential rental agreement or provisions of the Act alleged and the loss or damage caused by the breach; and\n\nRule 8.10(1)(e) amended by S.R. No. 114/2021 rule 9(2)(d).\n\n(e) in the case of section 452(2)(b), (3)(b) or (3A)(b)—the breach of duty alleged and the loss or damage caused by the breach.\n\nRule 8.10(2) revoked by S.R. No. 125/2020 rule 12(2).\n\nRule 8.10(3) amended by S.R. No. 145/2019 rule 16, revoked by S.R. No. 114/2021 rule 9(3).\n\nRule 8.10(4)(5) revoked by S.R. No. 114/2021 rule 9(3).\n\n\t","sortOrder":72},{"sectionNumber":"8.11","sectionType":"section","heading":"Form of notice under section 346 of the Residential Tenancies Act 1997","content":"8.11 Form of notice under section 346 of the Residential Tenancies Act 1997\n\nFor the purpose of section 346 of the **Residential Tenancies Act 1997** the notice must be in Form 4 in Schedule 2.\n\n\t","sortOrder":73},{"sectionNumber":"8.12","sectionType":"section","heading":"Warrant of possession","content":"8.12 Warrant of possession\n\nFor the purposes of section 355(1)(a) of the **Residential Tenancies Act 1997**, a warrant of possession is in the prescribed form if it is in Form 5 in Schedule 2.\n\nRule 8.12A (Heading) amended by S.R. No. 54/2024 rule 7.\n\nRule 8.12A inserted by S.R. No. 145/2019 rule 17.\n\n\t","sortOrder":74},{"sectionNumber":"8.12A","sectionType":"section","heading":"Warrant of possession—SDA dwelling","content":"8.12A Warrant of possession—SDA dwelling\n\nFor the purposes of section 498ZZR(1)(a) of the **Residential Tenancies Act 1997**, a warrant of possession is in the prescribed form if it is in Form 7 in Schedule 2.\n\nRule 8.13 revoked by S.R. No. 54/2024 rule 8.\n\nRule 8.14 amended by S.R. No. 143/2025 rule 50.\n\n\t","sortOrder":75},{"sectionNumber":"8.14","sectionType":"section","heading":"Withdrawal of proceedings","content":"8.14 Withdrawal of proceedings\n\nIf an applicant withdraws an application to which this Order applies pursuant to section 74 of the Act, the notification in writing of withdrawal of the application must state—\n\n(a) the name of the applicant, respondent or any other party to the proceeding; and\n\nRule 8.14(b) amended by S.R. No. 114/2021 rule 10.\n\n(b) the address of the premises that is the subject of the application; and\n\n(c) the date of lodgement of the application; and\n\n(d) the tribunal file number (if known); and\n\n(e) the hearing date of the application (if known); and\n\n(f) the venue for the hearing (if known).\n\n\t","sortOrder":76},{"sectionNumber":"8.15","sectionType":"section","heading":"Re-opening an order","content":"8.15 Re-opening an order\n\nRule 8.15(1) substituted by S.R. No. 143/2025 rule 51(1).\n\n(1) This Rule applies if a party to a proceeding under the **Residential Tenancies Act 1997** or Part 9 of the **Social Services Regulation Act 2021** applies for leave of the Tribunal pursuant to Rule 4.24(2) to make a second or subsequent application under section 120 of the Act for review of an order in respect of that proceeding.\n\nRule 8.15(2) amended by S.R. No. 143/2025 rule 51(2).\n\n(2) Unless the Tribunal otherwise orders, on lodging the application for leave, the applicant must immediately give notice of the application to all other parties.\n\n\t","sortOrder":77},{"sectionNumber":"8.16","sectionType":"section","heading":"Review of certain determinations and orders","content":"8.16 Review of certain determinations and orders\n\n(1) An application for review of a determination under section 479 of the **Residential Tenancies Act 1997** must be made on notice to all parties.\n\n(2) The application must—\n\n(a) be in writing; and\n\n(b) be supported by affidavit; and\n\n(c) specify—\n\nRule 8.16 (2)(c)(i) substituted by S.R. No. 125/2020 rule 13(1).\n\n(i) the name and address (including electronic address) of the applicant;\n\nRule 8.16 (2)(c)(ii) substituted by S.R. No. 125/2020 rule 13(1).\n\n(ii) the name and address (including electronic address if known) of the respondent or any other party to the proceeding; and\n\nRule 8.16 (2)(c)(iii) substituted by S.R. No. 125/2020 rule 13(1).\n\n(iii) the address of the premises, room and rooming house, or caravan, site and caravan park the subject of the application;\n\n(iv) the date on which the applicant was given a copy of the determination made by the principal registrar or the Tribunal; and\n\n(v) details of the breach of, or failure to comply with, the **Residential Tenancies Act 1997** which the applicant alleges.\n\nRule 8.16(3) revoked by S.R. No. 125/2020 rule 13(2).\n\nOrder 8A (Heading) substituted by S.R. No. 143/2025 rule 52.\n\nOrder 8A (Headings and rules 8A.01–8A.04) inserted by S.R. No. 58/2019 rule 8.\n\n","sortOrder":78},{"sectionNumber":"Part Order 8A","sectionType":"part","heading":"Land and environment matters","content":"Order 8A—Land and environment matters\n\nOrder 8A Pt 1 (Heading) revoked by S.R. No. 143/2025 rule 53.\n\nRule 8A.01 inserted by S.R. No. 58/2019 rule 8.\n\n\t","sortOrder":79},{"sectionNumber":"8A.01","sectionType":"section","heading":"Tribunal may direct disclosure of valuation evidence","content":"8A.01 Tribunal may direct disclosure of valuation evidence\n\n(1) This rule applies to—\n\n(a) a proceeding under the **Land Acquisition and Compensation Act 1986** or a proceeding to which that Act applies; and\n\n(b) a proceeding under Part III of the **Valuation of Land Act 1960** or a proceeding to which that Part applies.\n\n(2) A member of the Tribunal may direct that each party to a proceeding to which this rule applies give to the other party—\n\n(a) the names of the valuers it proposes to call;\n\n(b) the amount of the valuation placed by each valuer on the land that is the subject of the appeal; and\n\n(c) details of all sales and rentals relied upon by the valuer in arriving at the valuation.\n\n(3) The member may give such a direction at any time—\n\n(a) on application by any party; or\n\n(b) of the member's own motion.\n\n(4) If such a direction is given, a party may not call or rely on, without the leave of the Tribunal—\n\n(a) any valuer whose name was not given to the other party; or\n\n(b) any evidence of sales or rentals that was not given to the other party.\n\nRule 8A.02 inserted by S.R. No. 58/2019 rule 8, substituted by S.R. No. 30/2023 rule 8.\n\n\t","sortOrder":80},{"sectionNumber":"8A.02","sectionType":"section","heading":"Requirements for lodging statement of grounds in proceedings under a planning enactment","content":"8A.02 Requirements for lodging statement of grounds in proceedings under a planning enactment\n\nA person who is required by clause 56(1) of Schedule 1 to the Act to lodge with the Tribunal a statement of the grounds on which the person intends to rely at the hearing of a proceeding must lodge the statement—\n\n(a) in the form published on the Tribunal's website or available in hard copy from the registry;\n\n(b) accompanied by any fee prescribed by regulations made under section 161 of the Act; and\n\n(c) within the period directed by the Tribunal or, if there is no direction, within 14 days after being served with notice of the proceeding.\n\nRule 8A.03 inserted by S.R. No. 58/2019 rule 8, revoked by S.R. No. 143/2025 rule 54.\n\nRule 8A.04 inserted by S.R. No. 58/2019 rule 8.\n\n\t","sortOrder":81},{"sectionNumber":"8A.04","sectionType":"section","heading":"Referral of disputes—section 39(1) of the Planning and Environment Act 1987","content":"8A.04 Referral of disputes—section 39(1) of the Planning and Environment Act 1987\n\n(1) A referral under section 39(1) of the **Planning and Environment Act 1987** must comply with the requirements set out in Rule 8A.03.\n\n(2) The referral must also contain—\n\n(a) the date on which the person became aware of the alleged failure to comply; and\n\n(b) the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3, or Part 8, of the **Planning and Environment Act 1987**.\n\n","sortOrder":82},{"sectionNumber":"Part Order 9","sectionType":"part","heading":"Trans-Tasman proceedings","content":"Order 9—Trans-Tasman proceedings\n\n\t","sortOrder":83},{"sectionNumber":"9.01","sectionType":"section","heading":"Definitions","content":"9.01 Definitions\n\n(1) In this Order—\n\n***Trans-Tasman Proceedings Act*** means the Trans‑Tasman Proceedings Act 2010 of the Commonwealth.\n\n(2) An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act.\n\n\t","sortOrder":84},{"sectionNumber":"9.02","sectionType":"section","heading":"Application of Order","content":"9.02 Application of Order\n\nThis Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act in respect of which the Tribunal is a prescribed tribunal under that Act.\n\n\t","sortOrder":85},{"sectionNumber":"9.03","sectionType":"section","heading":"Application for order for use of audio link or audiovisual link","content":"9.03 Application for order for use of audio link or audiovisual link\n\n(1) A party to a proceeding to which this Order applies may apply to the Tribunal for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application.\n\n(2) An application under subrule (1) must be filed at least 14 days before the person who is the subject of the application is due to give evidence or make submissions to the Tribunal.\n\n\t","sortOrder":86},{"sectionNumber":"9.04","sectionType":"section","heading":"Service","content":"9.04 Service\n\nAs soon as practicable after the filing of the application, the applicant must serve a copy of the application on every other party.\n\n\t","sortOrder":87},{"sectionNumber":"9.05","sectionType":"section","heading":"Duty of applicant","content":"9.05 Duty of applicant\n\nIf, whether before or after a direction has been given, an applicant no longer requires the person who is the subject of the application to give evidence or make submissions to the Tribunal by audio link or audiovisual link, the applicant must notify the principal registrar immediately.\n\n\t","sortOrder":88},{"sectionNumber":"9.06","sectionType":"section","heading":"Technical requirements","content":"9.06 Technical requirements\n\n(1) The technical requirements for an audio link are—\n\n(a) both the Tribunal point and the remote point are equipped with facilities that—\n\n(i) enable all appropriate persons at the Tribunal point to hear the person giving the evidence or making the submissions; and\n\n(ii) enable all appropriate persons at the remote point to hear appropriate persons at the Tribunal point; and\n\n(b) any other requirements imposed by the presiding member.\n\n(2) The technical requirements for an audiovisual link are—\n\n(a) both the Tribunal point and the remote point are equipped with facilities that—\n\n(i) enable all appropriate persons at the Tribunal point to see and hear the person giving the evidence or making the submissions; and\n\n(ii) enable all appropriate persons at the remote point to see and hear appropriate persons at the Tribunal point; and\n\n(b) any other requirements imposed by the presiding member.\n\n(3) Requirements imposed by the presiding member under subrule (1)(b) or (2)(b) must not be inconsistent with any other provision of these Rules.\n\n","sortOrder":89},{"sectionNumber":"Part Order 10","sectionType":"part","heading":"Exercise of functions of tribunal by principal registrar","content":"Order 10—Exercise of functions of tribunal by principal registrar\n\nRule 10.01 amended by S.R. Nos 58/2019 rule 9, 143/2025 rule 55(1).\n\n\t","sortOrder":90},{"sectionNumber":"10.01","sectionType":"section","heading":"Principal registrar may exercise certain Tribunal functions","content":"10.01 Principal registrar may exercise certain Tribunal functions\n\nFor the purposes of section 157A of the Act, the Tribunal constituted by the principal registrar may perform the following functions of the Tribunal—\n\n(a) striking out of a proceeding with a right to apply for reinstatement where the parties have settled a matter;\n\n(b) striking out of a proceeding with a right to apply for reinstatement for failure to pay the correct fee;\n\n(c) striking out of a proceeding with a right to apply for reinstatement where service of an application is not effected;\n\nRule 10.01(ca) inserted by S.R. No. 187/2018 rule 6(1).\n\n(ca) striking out a proceeding with a right to apply for reinstatement for failure to provide information requested by the Tribunal;\n\n(d) reinstatement of a matter struck out for failure to pay the correct fee where the correct fee is subsequently paid or the fee waived;\n\n(e) reinstatement of a matter struck out for service of an application not being effected where the service is subsequently effected;\n\nRule 10.01(ea) inserted by S.R. No. 187/2018 rule 6(2).\n\n(ea) reinstatement of a proceeding struck out for failure to provide information where the information is subsequently provided;\n\nRule 10.01(eb) inserted by S.R. No. 187/2018 rule 6(2).\n\n(eb) determining consent applications to bring forward a hearing time or hearing date;\n\nRule 10.01(ec) inserted by S.R. No. 187/2018 rule 6(2).\n\n(ec) determining applications for the withdrawal of a duplicate proceeding;\n\n(f) determining consent applications for adjournment of a matter on its first listing where the request is for an adjournment of 3 months or less;\n\nRule 10.01(g) amended by S.R. Nos 125/2020 rule 14(2), 114/2021 rule 11.\n\n(g) determining adjournment applications by a residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner on the first listing of an application for possession for rent or hiring charge arrears under the **Residential Tenancies Act 1997** where the request is for an adjournment of 3 months or less;\n\n(h) determining applications for a change of venue for a hearing;\n\n(i) consideration of requests to attend a directions hearing by telephone, video link or any other system of telecommunication;\n\nRule 10.01(ia) inserted by S.R. No. 125/2020 rule 14(1).\n\n(ia) consideration of requests to attend a hearing by telephone, video link or any other system of telecommunication;\n\n(j) consideration of requests for an interpreter to be provided for a party to a proceeding;\n\n(k) abridging time for the taking of further steps in relation to a matter;\n\nRule 10.01(l) amended by S.R. No. 143/2025 rule 55(2).\n\n(l) adjourning any matter;\n\n(m) determining consent applications for adjournment of any administrative mention or directions hearing;\n\n(n) determining consent applications for extensions of time to comply with orders where the extension will not interfere with the hearing date;\n\n(o) determining requests relating to a step in a proceeding that was anticipated on the face of previous orders in the proceeding;\n\nRule 10.01(oa) inserted by S.R. No. 133/2024 rule 8(1).\n\n(oa) giving leave pursuant to Rule 4.24 to make a second or subsequent application under section 120 of the Act for a review of an order in respect of the same matter;\n\nRule 10.01(ob) inserted by S.R. No. 133/2024 rule 8(1).\n\n(ob) giving leave pursuant to Rule 4.24A to make a second or subsequent application under section 120A of the Act for a review of an order in respect of the same matter;\n\n(p) stay of a warrant on an application under section 120 of the Act for a review of an order or on a request for the extension of a warrant;\n\n(q) on an application under section 120 of the Act for a review of an order, stay and extend a warrant of possession issued under the **Residential Tenancies Act 1997**;\n\nRule 10.01(qa) inserted by S.R. No. 133/2024 rule 8(2).\n\n(qa) determining an application under section 354 of the **Residential Tenancies Act 1997** to extend the time in which a warrant of possession may be executed;\n\nRule 10.01(r) amended by S.R. No. 187/2018 rule 6(3).\n\n(r) determining an application for withdrawal of an application or referral, whether or not leave is required;\n\n(s) correction of an order made by the principal registrar under section 119 of the Act;\n\nRule 10.01(sa) inserted by S.R. No. 187/2018 rule 6(4), amended by S.R. No. 143/2025 rule 55(3).\n\n(sa) in the case of a function of the Tribunal for a proceeding under the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**, **Guardianship and Administration Act 2019**, **Medical Treatment Planning and Decisions Act 2016**, **Powers of Attorney Act 2014**, **Trustee Companies Act 1984** or **Vexatious Proceedings Act 2014**—\n\n(i) cancelling a hearing and determining the withdrawal of an application where a represented person or a proposed represented person has died;\n\n(ii) directing an administrator to lodge accounts or pay the annual fee by a specified date;\n\n(iii) revoking an administration order and appointing an alternative administrator where the administrator has failed to lodge accounts or pay the annual fee;\n\n(iv) waiving the annual fee in respect of estates which are the subject of an administration order; or\n\n(v) determining applications for adjournments where the hearing is a routine reassessment of an administration order or guardianship order;\n\nRule 10.01(t) substituted by S.R. No. 143/2025 rule 55(4).\n\n(t) making of procedural directions or listing directions if the principal registrar is acting in accordance with standing instructions given by the head or deputy head of a division;\n\nRule 10.01(u) substituted by S.R. No. 133/2024 rule 8(3).\n\n(u) dispensing with compliance with any of the requirements of these Rules in a proceeding, either before or after the occasion for compliance arises;\n\nRule 10.01(v) inserted by S.R. No. 133/2024 rule 8(4).\n\n(v) giving directions at any time in a proceeding and doing whatever is necessary for the expeditious or fair hearing and determination of a proceeding, except for the power to give a direction that would require a party to produce a document or provide information in a proceeding for review of a decision in contravention of section 106(1) of the Act or any rule of law relating to privilege or the public interest in relation to the production of documents.\n\nSee section 80 of the Act.\n\n\t","sortOrder":91},{"sectionNumber":"10.02","sectionType":"section","heading":"Delegation of functions by principal registrar under section 32A of the Act","content":"10.02 Delegation of functions by principal registrar under section 32A of the Act\n\n(1) For the purposes of section 157A(5)(a) of the Act, the principal registrar, under section 32A of the Act, may delegate any function specified in rule 10.01.\n\n(2) For the purposes of section 32A of the Act, the principal registrar may delegate the following functions of the principal registrar to a registrar, a deputy registrar or a regional administrative officer of the Tribunal—\n\n(a) the certification of a copy of a monetary order as a true copy under section 121(1)(a) of the Act;\n\n(b) the certification of a copy of a non‑monetary order as a true copy under section 122(1)(a) of the Act.\n\nRule 10.02(3) inserted by S.R. No. 18/2019 rule 9.\n\n(3) For the purposes of section 32A of the Act, the principal registrar may delegate the function of the principal registrar to authenticate an order of the Tribunal in accordance with section 116(1)(b) of the Act by affixation of the seal of the Tribunal specified in Rule 4.22(c).\n\n","sortOrder":92},{"sectionNumber":"Part Order 11","sectionType":"part","heading":"Procedure under the Vexatious Proceedings Act 2014","content":"Order 11—Procedure under the Vexatious Proceedings Act 2014\n\n\t","sortOrder":93},{"sectionNumber":"11.01","sectionType":"section","heading":"Definitions","content":"11.01 Definitions\n\nAn expression used in the **Vexatious Proceedings Act 2014** has the same meaning in this Order as it has in that Act.\n\n\t","sortOrder":94},{"sectionNumber":"11.02","sectionType":"section","heading":"Notice of application for leave to proceed","content":"11.02 Notice of application for leave to proceed\n\n(1) Notice required to be given by a direction of the Tribunal under section 60(2) of the **Vexatious Proceedings Act 2014** must be accompanied by a copy of every order made or direction given by the Tribunal in the application to which the notice relates.\n\n(2) If the person to whom the notice is required to be given has given an electronic address for service, the notice may be given by electronic communication to that electronic address.\n\nFurther requirements are stated in section 60(4) of the **Vexatious Proceedings Act 2014**.\n\n\t","sortOrder":95},{"sectionNumber":"11.03","sectionType":"section","heading":"Notice of application to vary or revoke litigation restraint order","content":"11.03 Notice of application to vary or revoke litigation restraint order\n\n(1) Notice required to be given by a direction of the Tribunal under section 67(2) of the **Vexatious Proceedings Act 2014** must be accompanied by a copy of every order made or direction given by the Tribunal in the application to which the notice relates and in the preceding leave application.\n\n(2) If the person to whom the notice is required to be given has given an electronic address for service, the notice may be given by electronic communication to that electronic address.\n\nFurther requirements are stated in section 67(4) of the **Vexatious Proceedings Act 2014**.\n\nSch. 1 amended by S.R. Nos 187/2018 rules 7–9, 18/2019 rules 10–13, 58/2019 rules 10, 11, 28/2020 rules 6–10, 125/2020 rules 15–20, 54/2021 rules 4, 5, 114/2021 rules 13, 14, 12/2023 rule 4, 30/2023 rule 9, 27/2024 rules 7–9, 54/2024 rule 9, 133/2024 rules 9–11, 110/2025 rules 4–6, revoked by S.R. No. 143/2025 rule 56.\n\n","sortOrder":96},{"sectionNumber":"Sch Schedule 2","sectionType":"schedule","heading":"Forms","content":"Schedule 2—Forms\n\nSch. 2 Form 1 substituted by S.R. No. 143/2025 rule 57.\n\nForm 1—Summons to attend to give evidence or produce documents\n\nRule 4.19\n\nApplicant:\n\nRespondent:\n\nSUMMONS TO ATTEND TO GIVE EVIDENCE OR PRODUCE DOCUMENTS\n\nTo—\n\nName:\n\nAddress:\n\nYou are required to attend the Victorian Civil and Administrative Tribunal (VCAT)—\n\n*to give evidence:\n\n(a) at [*time*] on [*date*]; and\n\n(b) *at [*address of VCAT venue*]/*by audio link or audio visual link using the link provided by *VCAT/*[*party who requested the issue of the summons*]; and\n\n(c) on any subsequent date that *VCAT/*[*party who requested the issue of the summons*] requires you to attend to give evidence.\n\nYou must attend until VCAT informs you that you may leave.\n\n*to produce the documents specified below:\n\n(a) by electronic communication to [*email address of VCAT registry*] or by post to [*postal address of VCAT venue*] or by delivering the documents to [*address of VCAT venue*]; and\n\n(b) by no later than [*time*] on [*date*].\n\n[*specify documents*]\n\nPrincipal Registrar:\n\nDate:\n\nThis summons has been issued under section 104 of the **Victorian Civil and Administrative Tribunal Act 1998** at the—\n\n*request of [*party who requested the issue of the summons*].\n\n*direction of the principal registrar.\n\n*direction of the Tribunal.\n\nAddress for service of party who has requested summons to be issued: [*insert address*]\n\n**NOTES**:\n\n1. You are entitled to be paid for your reasonable travel expenses. See section 104(4) and (5) of the **Victorian Civil and Administrative Tribunal Act 1998** and Rule 4.20 of the Victorian Civil and Administrative Tribunal Rules 2018.\n\n2. If you fail, without reasonable excuse, to attend to give evidence or produce documents as specified above, you may be liable for an offence against section 134 of the **Victorian Civil and Administrative Tribunal Act 1998**. The maximum penalty for this offence is 6 months imprisonment or a fine of 60 penalty units or both, as well as a daily fine until you attend or produce the documents as required.\n\n3. VCAT may direct your arrest if you fail to attend to give evidence or produce documents as required by this summons.\n\nSch. 2 Form 2 amended by S.R. No. 143/2025 rule 58.\n\nForm 2—Arrest warrant\n\nRule 4.26\n\nArrest Warrant\n\nOn [*date*], the Victorian Civil and Administrative Tribunal issued a warrant for the arrest of [*name of person*] for contempt of the Tribunal.\n\nTo all police officers:\n\nYou are authorised—\n\n(a) to break, enter and search any place where the person named or described in this warrant is suspected to be; and\n\n(b) to arrest the person named or described in this warrant and cause that person when arrested to be brought before the Tribunal as soon as practicable to be dealt with according to law.\n\nDated\n\nPresident or Vice President  \n(*as the case requires*)\n\nSch. 2 Form 3 amended by S.R. No. 143/2025 rule 59.\n\nForm 3—Warrant of committal\n\nRule 4.27\n\nWarrant of Committal\n\nOn [*date*], the Victorian Civil and Administrative Tribunal found [*name of person*] guilty of contempt of the Tribunal.\n\n[*insert details of the contempt*]\n\nThe Tribunal has ordered that [*name of person*] be imprisoned for a term of [*specify period of imprisonment*].\n\nTo all police officers, all prison officers or [*insert other persons*]:\n\nYou are authorised—\n\n(a) to break, enter and search any place where the person named in this warrant is suspected to be; and\n\n(b) to take and safely convey the person named in this warrant to a prison and to deliver the person to the officer in charge of the prison.\n\nTo the Secretary to the Department of Justice and Community Safety or any other person into whose custody the person named in this warrant is transferred:\n\nYou are directed and authorised to receive the person named in this warrant into custody and safely keep that person—\n\n(a) for the period specified, or in the circumstances described, in this warrant; or\n\n(b) until that person is otherwise removed or discharged from custody by due course of law.\n\nDated\n\nPresident\n\nForm 4—Notice (under section 346 of the Residential Tenancies Act 1997)  \nto occupant to appear before Tribunal\n\nRule 8.11\n\nNotice (Under Section 346 of the Residential Tenancies Act 1997) to Occupant to Appear Before Tribunal\n\nAddress of premises—\n\n1. Take notice that the Victorian Civil and Administrative Tribunal has ordered the occupants of the above premises to appear before the Tribunal sitting at on the day of at a.m./p.m. to show cause why a warrant of possession should not be issued.\n\n2. Take notice that it has been stated that the occupants of the premises include (*Names*)\n\nbut that THIS ORDER APPLIES TO ALL OCCUPANTS OF THE ABOVE PREMISES, WHETHER NAMED OR NOT.\n\nDate:\n\n**NOTE:** Failure to appear may result in the issue of a warrant of possession of the above premises.\n\nSch. 2 Form 5 amended by S.R. Nos 125/2020 rule 21, 114/2021 rule 12, 27/2024 rule 10(1), 143/2025 rule 60.\n\nForm 5—Warrant of possession\n\nRule 8.12\n\nRegistry ref:\n\nName of Applicant(s)—\n\nName of Respondent—\n\nWarrant of Possession\n\nTO: *OFFICER IN CHARGE, POLICE STATION at [*place*], *or*\n\n*[*Name of authorised person*]\n\n**TAKE NOTICE** that on [*date*] the Victorian Civil and Administrative Tribunal ordered that the *renter/*resident/*site tenant vacate *rented premises/*a room and rooming house/*a building/*a site or caravan at—\n\n[*insert details*]\n\nAND that a warrant of possession issue, to be executed within [*insert number of days, not to exceed 30*] days  after the date of issue.\n\n**YOU** are authorised, from the day this warrant is issued to [*insert date warrant is to be executed by*] inclusive—\n\n(a) to enter the *rented premises**/***room and rooming house/*building/*site or caravan, by force if necessary; and\n\n(b) with such assistance as is necessary—\n\n(i) to compel all persons for the time being occupying the *rented premises/*room (other than a shared room)/*building/*site or caravan to vacate and give possession of them to the applicant; or\n\n(ii) to compel any person named in the possession order to vacate a shared room.\n\n**NOTES**\n\n1. Section 355(3) of the **Residential Tenancies Act 1997** provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from rented premises or a room in a rooming house or a site or caravan.\n\n2. Section 355(4) of the **Residential Tenancies Act 1997** provides that entry under a warrant of possession must not be made—\n\n(a) between the hours of 6 p.m. and 8 a.m.; or\n\n(b) on a Sunday or public holiday.\n\n3. Despite note 1, section 360 of the **Residential Tenancies Act 1997** provides for the sheriff, after a warrant of possession has been returned to the principal registrar, to remove a caravan and any goods of value in it from a caravan park and to store the caravan and goods in a safe place.\n\nDate of issue—[*date*]\n\n[*Signed*]\n\n*delete if inapplicable\n\nSch. 2 Form 6 revoked by S.R. No. 54/2024 rule 10(1).\n\nSch. 2 Form 7 (Heading) amended by S.R. No. 54/2024 rule 10(2).\n\nSch. 2 Form 7 inserted by S.R. No. 145/2019 rule 18, amended by S.R. Nos 27/2024 rule 10(2), 54/2024 rule 10(3), 143/2025 rule 61.\n\nForm 7—Warrant of possession—SDA dwelling\n\nRule 8.12A\n\nRegistry ref:\n\nName of Applicant(s)—\n\nName of Respondent—\n\nWARRANT OF POSSESSION—SDA DWELLING\n\nTO:\n\n*OFFICER IN CHARGE, POLICE STATION at [*place*], or\n\n*[*Name of authorised person*]\n\n**TAKE NOTICE** that on [*date*] the Victorian Civil and Administrative Tribunal ordered that the SDA resident vacate the SDA dwelling at—\n\n[*insert details*]\n\nAND that a warrant of possession issue, to be executed within [*insert number of days, not to exceed 30*] days  after the date of issue.\n\n**YOU** are authorised, from the day this warrant is issued to [*insert date warrant is to be executed by*] inclusive—\n\n(a) to enter the area or room and SDA dwelling, by force if necessary; and\n\n(b) with such assistance as is necessary, to compel all persons for the time being occupying the area or room to vacate the area or room and the SDA dwelling and give possession of them to the applicant.\n\n**NOTES**\n\n1. Section 498ZZR(3) of the **Residential Tenancies Act 1997** provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from an SDA dwelling.\n\n2. Section 498ZZR(4) of the **Residential Tenancies Act 1997** provides that entry under a warrant of possession must not be made—\n\n(a) between the hours of 6 p.m. and 8 a.m.; or\n\n(b) on a Sunday or public holiday.\n\nDate of issue—[*date*]\n\n[*Signed*]\n\n*delete if inapplicable\n\n","sortOrder":97},{"sectionNumber":"Sch Schedule 3","sectionType":"schedule","heading":"Revoked statutory rules","content":"Schedule 3—Revoked statutory rules\n\nVictorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009, S.R. No. 154/2009\n\nVictorian Civil and Administrative Tribunal (Amendment No. 1) Rules 2010, S.R. No. 68/2010\n\nVictorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010, S.R. No. 73/2010\n\nVictorian Civil and Administrative Tribunal (Amendment No. 3) Rules 2010, S.R. No. 117/2010\n\nVictorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011,  \nS.R. No. 97/2011\n\nVictorian Civil and Administrative Tribunal (Major Cases List Amendment) Rules 2012, S.R. No. 1/2012\n\nVictorian Civil and Administrative Tribunal (Amendment No. 4) Rules 2013, S.R. No. 16/2013\n\nVictorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013, S.R. No. 17/2013\n\nVictorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2013, S.R. No. 38/2013\n\nVictorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2013, S.R. No. 71/2013\n\nVictorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013, S.R. No. 105/2013\n\nVictorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2013, S.R. No. 124/2013\n\nVictorian Civil and Administrative Tribunal (Amendment No. 9) Rules 2013, S.R. No. 165/2013\n\nVictorian Civil and Administrative Tribunal (Amendment No. 10) Rules 2014, S.R. No. 35/2014\n\nVictorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014, S.R. No. 133/2014\n\nVictorian Civil and Administrative Tribunal (Service Outside Victoria and Other Amendments) Rules 2014, S.R. No. 181/2014\n\nVictorian Civil and Administrative Tribunal (Vexatious Proceedings Amendment) Rules 2014, S.R. No. 182/2014\n\nVictorian Civil and Administrative Tribunal (Default Scale of Costs Amendment) Rules 2015, S.R. No. 6/2015\n\nVictorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2015, S.R. No. 37/2015\n\nVictorian Civil and Administrative Tribunal (Allocation to Lists Amendment) Rules 2015, S.R. No. 99/2015\n\nVictorian Civil and Administrative Tribunal (Amendment No. 13) Rules 2015, S.R. No. 112/2015\n\nVictorian Civil and Administrative Tribunal (Amendment No. 14) Rules 2016, S.R. No. 80/2016\n\nVictorian Civil and Administrative Tribunal (Fees and Other Amendments) Rules 2016, S.R. No. 81/2016\n\nVictorian Civil and Administrative Tribunal (Amendment No. 15) Rules 2016, S.R. No. 113/2016\n\nVictorian Civil and Administrative Tribunal (Amendment No. 16) Rules 2017, S.R. No. 3/2017\n\nVictorian Civil and Administrative Tribunal (Amendment No. 17) Rules 2017, S.R. No. 35/2017\n\nVictorian Civil and Administrative Tribunal (Amendment No. 18) Rules 2017, S.R. No. 110/2017\n\nVictorian Civil and Administrative Tribunal (Amendment No. 19) Rules 2018, S.R. No. 18/2018\n\nSch. 4 inserted by S.R. No. 13/2024 rule 6.\n\n","sortOrder":98},{"sectionNumber":"Sch Schedule 4","sectionType":"schedule","heading":"Remuneration scale for administrators under the Guardianship and Administration Act 2019","content":"Schedule 4—Remuneration scale for administrators under the Guardianship and Administration Act 2019\n\n\t","sortOrder":99},{"sectionNumber":"1","sectionType":"section","heading":"Application","content":"1 Application\n\nThis remuneration scale applies to all administration orders where the administrator (being an individual or a body corporate) carries on a business of, or including, the administration of estates, except the scale does not apply to the following—\n\n(a) State Trustees Limited;\n\n(b) a trustee company within the meaning of section 601RAA of the Corporations Act;\n\n(c) an administration order that the Tribunal determines is not subject to this scale.\n\n\t","sortOrder":100},{"sectionNumber":"2","sectionType":"section","heading":"Payment for acting as administrator","content":"2 Payment for acting as administrator\n\nThe amount the administrator is entitled to payment (including GST) from the funds of the represented person is shown below.\n\n2.1 **$350 per hour** (inclusive of GST) for the planning, decision making and negotiation to secure the represented person's financial position, including any of the following tasks—\n\n(a) attending a Tribunal hearing for appointment of an administrator;\n\n(b) establishing and reviewing an understanding about the represented person's income, expenses, assets and liabilities;\n\n(c) establishing an understanding about the represented person's will and preferences for spending, gifting, managing assets and liabilities;\n\n(d) establishing an understanding about whether the represented person has or needs an NDIS plan;\n\n(e) meeting with a represented person's guardian or other formal or informal decision maker or supporter, determining decisions to be made by the guardian or other formal or informal decision maker and likely impact on finances;\n\n(f) if necessary, replacing the represented person as director of a company, where Corporations Law permits, or other role (such as appointor of discretionary trust, where this is permitted under the terms of the trust) unless other provisions have been made for those roles (include seeking legal advice on performance of role);\n\n(g) deciding whether the represented person is able to have access to any funds or manage any of the tasks themselves;\n\n(h) deciding whether any restructure of bank accounts is required, establishing if the represented person has any joint ownership arrangements and how these will be managed;\n\n(i) reviewing, approving and lodging a Financial Statement and Plan;\n\n(j) negotiating and making arrangements with debtors;\n\n(k) carrying on a business of the represented person and reviewing, settling and signing contracts and agreements;\n\n(l) purchasing or selling real estate;\n\n(m) attending reassessment hearings at the Tribunal;\n\n(n) communicating with the Tribunal about any major decision for which an administrator requires approval or advice prior to undertaking the transaction (for example, change of ownership of assets from joint to sole and, in some cases, sale of property).\n\n2.2 **$120 per hour** (inclusive of GST) for administrative tasks relating to transactions, record keeping, correspondence and other administrative aspects of planning, decision making and negotiation, including any of the following tasks—\n\n(a) securing, taking possession, or collecting assets;\n\n(b) locating the represented person's Will;\n\n(c) collecting income (for example, dealing with Centrelink concerning payment failures and errors);\n\n(d) paying accounts;\n\n(e) maintaining records of all income and expenditure;\n\n(f) managing assets and liabilities;\n\n(g) managing and maintaining real estate;\n\n(h) renting out real estate, dealing with agents;\n\n(i) surrendering life assurance policies;\n\n(j) insuring property and other assets;\n\n(k) paying debts;\n\n(l) recovering debts owed to the represented person;\n\n(m) discharging mortgages;\n\n(n) ensuring that the represented person receives their entitlements to any deceased estates to which they are a beneficiary;\n\n(o) preparing and lodging tax returns;\n\n(p) recording transactions and filing and safe custody of documentation;\n\n(q) communicating with relevant authorities, Centrelink, banks, financial advisors and other like entities (online or in person) to notify them that the administrator has been appointed by the Tribunal;\n\n(r) communicating with the Tribunal about any decision, other than a major decision, for which an administrator requires approval or advice prior to undertaking the transaction;\n\n(s) preparing and lodging an annual Account by Administrator.\n\n2.3 Where a task referred to in clause 2.1 or 2.2 exceeds one hour, the rate is to be charged for any subsequent time after the first hour in 15 minute increments of—\n\n(a) in the case of a task referred to in clause 2.1, $87.50 per 15 minute increment; and\n\n(b) in the case of a task referred to in clause 2.2, $30.00 per 15 minute increment.\n\n2.4 For clarity:\n\nThe above rates also apply to travel time associated with each of the above tasks if necessary to complete or perform the tasks (such as meeting with a represented person in their home).\n\n2.5 **No payment** is to be charged for the following—\n\n(a) making appointments;\n\n(b) attendances (including by telephone) with the represented person or any interested person that are not about their will and preferences, or are not necessary to perform or complete any of the above tasks;\n\n(c) sending and receiving documents by email or fax, where a fee can already be charged for the preparation, review or obtaining of the document.\n\n2.6 However, total payment shall not exceed, unless the Tribunal otherwise approves—\n\n(a) $12 000 (inclusive of GST) per year of administration for all of the above tasks other than acting as director where permitted, carrying on a business or other tasks specifically agreed by the Tribunal if the represented person has assets of more than $20 000 (excluding principal place of residence);\n\n(b) $2 000 (inclusive of GST) per year of administration if the represented person has assets of less than $20 000 (excluding principal place of residence) and income of less than $930 per fortnight.\n\n2.7 Under Rule 7.06, the Tribunal can agree to a different remuneration cap, or no remuneration cap, on application, where the administrator demonstrates a higher cap is necessary in the particular circumstances. This application can be made at the time of appointment or during the appointment as administrator, and may be amended during the administration.\n\n2.8 Under Rule 7.07, the Tribunal may direct that the administrator provide copies of invoices for work done to the represented person or other nominated person. The administrator will be required to provide invoices in the annual Account by Administrator.\n\n2.9 Under section 175(2) of the **Guardianship and Administration Act 2019**, the Tribunal may review the terms of the remuneration scale at any time.\n\n\t","sortOrder":101},{"sectionNumber":"3","sectionType":"section","heading":"This scale applies only to those administrators carrying on a business that includes administration of estates","content":"3 This scale applies only to those administrators carrying on a business that includes administration of estates\n\n3.1 While this remuneration scale does not apply to State Trustees Limited or licensed trustee companies, it applies to any other administrator that, according to the **Guardianship and Administration Act 2019**, carries on a business of, or including, the administration of estates, such as an accountant or financial adviser.\n\nThe Tribunal may still allow remuneration to be paid to administrators that are not in the business of administration of estates, however this is a decision under section 175(1) of the **Guardianship and Administration Act 2019** and would not fall within the scope of this remuneration scale.\n\n3.2 There must be a reasonable connection between the administration of estates and the other business undertaken by the administrator (as opposed to running 2 separate \"businesses\" in parallel). This is likely to be satisfied for any professional services business, although it remains a relevant factor that the administration of estates should be part of the business of the administrator, not in substance a separate and distinct activity.\n\n\t","sortOrder":102},{"sectionNumber":"4","sectionType":"section","heading":"Remuneration not covered by this scale","content":"4 Remuneration not covered by this scale\n\n4.1 The above scale does not apply to—\n\n(a) reimbursements for disbursements reasonably and necessarily incurred (including postage costs, out‑of‑pocket travel costs and fees paid to third parties); or\n\n(b) tasks or services provided by the administrator or their staff that are genuine speciality legal services or advice—these are services that a competent professional administrator who is not a lawyer would not usually perform themselves, but would normally engage a third party legal practitioner to do, for example—\n\n(i) drafting legal documents such as contracts or complex or non‑routine wills; or\n\n(ii) reviewing contracts where it would be usual to seek independent legal advice before signing; or\n\n(iii) interpreting legal requirements.\n\n4.2 For the tasks referred to in clause 4.1(b), the administrator is entitled to remuneration calculated according to the Practitioner Remuneration Order made under the **Legal Profession Uniform Law Application Act 2014**.\n\nFor legal services that require section 51 approval (bringing or defending actions or other legal proceedings) under the **Guardianship and Administration Act 2019** or for any other activities for which the administration order states that Tribunal approval is required, remuneration would be determined under those separate arrangements.\n\n4.3 For accounting or financial management firms, and if the scale is adopted, used or applied by State Trustees Limited or a licensed trustee company, the scale does not apply to fees that may be charged for providing financial advice of a type that requires an Australian Financial Services (AFS) licence.\n\n4.4 For fees charged for genuine legal services or financial advisory services performed by the administrator that are to be charged outside the administrator scale, the administrator must inform the represented person, or other nominated person, and the Tribunal, in writing, prior to performing those services of—\n\n(a) the nature of these services; and\n\n(b) why these are services that an administrator who is not a legal professional or financial adviser (as the case may be) is unable to reasonably perform themselves; and\n\n(c) how the fee for the services will be calculated; and\n\n(d) an estimate of the total cost of those services.\n\n4.5 The administrator must seek the leave of the Tribunal to undertake any legal proceedings on behalf of the represented person.\n\nSee section 51 of the **Guardianship and Administration Act 2019**.\n\n\t","sortOrder":103},{"sectionNumber":"5","sectionType":"section","heading":"Transitional matters","content":"5 Transitional matters\n\n5.1 This remuneration scale applies to new administrator appointments made on or after 1 July 2024.\n\n5.2 This remuneration scale does not apply to administration orders in place prior to the date referred to in clause 5.1 that already set out the remuneration arrangements.\n\nDated: 14 June 2018\n\nMICHELLE QUIGLEY, *President*\n\nFRANCES MILLANE, *Vice President*\n\nMARK DWYER, *Deputy President*\n\nMARGARET BAIRD, *Senior Member*\n\nBILL SIBONIS, *Member*\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Victorian Civil and Administrative Tribunal Rules 2018, S.R. No. 77/2018 were made on 14 June 2018 by the Rules Committee established by section 150 of the **Victorian Civil and Administrative Tribunal Act 1998**, under section 157 of the **Victorian Civil and Administrative Tribunal Act 1998**, No. 53/1998 and came into operation on 17 June 2018: rule 1.03.\n\nThe Victorian Civil and Administrative Tribunal Rules 2018 will sunset 10 years after the day of making on 14 June 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Victorian Civil and Administrative Tribunal Rules 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nVictorian Civil and Administrative Tribunal (Miscellaneous Amendments) Rules 2018, S.R. No. 187/2018\n\n| *Date of Making:* | 26.10.18 |\n| *Date of Commencement:* | 1.11.18: rule 3 |\n\nVictorian Civil and Administrative Tribunal Amendment Rules 2019, S.R. No. 18/2019\n\n| *Date of Making:* | 20.3.19 |\n| *Date of Commencement:* | 22.3.19: rule 3 |\n\nVictorian Civil and Administrative Tribunal Amendment (Planning and Environment Division) Rules 2019, S.R. No. 58/2019\n\n| *Date of Making:* | 26.6.19 |\n| *Date of Commencement:* | 28.6.19: rule 3 |\n\nVictorian Civil and Administrative Tribunal Amendment (Electronic Service and Other Matters) Rules 2019, S.R. No. 145/2019\n\n| *Date of Making:* | 12.12.19 |\n| *Date of Commencement:* | 13.12.19: rule 3 |\n\nVictorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2020, S.R. No. 28/2020\n\n| *Date of Making:* | 30.4.20 |\n| *Date of Commencement:* | 15.5.20: rule 3 |\n\nVictorian Civil and Administrative Tribunal Further Miscellaneous Amendments Rules 2020, S.R. No. 125/2020\n\n| *Date of Making:* | 12.11.20 |\n| *Date of Commencement:* | 15.11.20: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Schedule 1 Amendments) Rules 2021, S.R. No. 54/2021\n\n| *Date of Making:* | 10.6.21 |\n| *Date of Commencement:* | 11.6.21: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Residential Tenancies and Other Acts Amendment) Rules 2021, S.R. No. 114/2021\n\n| *Date of Making:* | 7.9.21 |\n| *Date of Commencement:* | 10.9.21: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Schedule 1 Amendments) Rules 2023, S.R. No. 12/2023\n\n| *Date of Making:* | 22.2.23 |\n| *Date of Commencement:* | 2.3.23: rule 3 |\n\nVictorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2023, S.R. No. 30/2023\n\n| *Date of Making:* | 17.5.23 |\n| *Date of Commencement:* | 22.5.23: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Service Amendments) Rules 2024, S.R. No. 7/2024\n\n| *Date of Making:* | 9.2.24 |\n| *Date of Commencement:* | 16.2.24: rule 3 |\n\nVictorian Civil and Administrative Tribunal Amendment (Remuneration Scale under Guardianship and Administration Act 2019) Rules 2024, S.R. No. 13/2024\n\n| *Date of Making:* | 6.3.24 |\n| *Date of Commencement:* | 1.7.24: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Lists Amendments) Rules 2024, S.R. No. 27/2024\n\n| *Date of Making:* | 24.4.24 |\n| *Date of Commencement:* | 29.4.24: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Disability and Social Services Regulation Amendments) Rules 2024, S.R. No. 54/2024\n\n| *Date of Making:* | 21.6.24 |\n| *Date of Commencement:* | 1.7.24: rule 3 |\n\nVictorian Civil and Administrative Tribunal (Principal Registrar and Other Miscellaneous Amendments) Rules 2024, S.R. No. 133/2024\n\n| *Date of Making:* | 4.12.24 |\n| *Date of Commencement:* | Rules 6−11 on 5.12.24: rule 3(1); rule 5 on 1.1.25: rule 3(2) |\n\nVictorian Civil and Administrative Tribunal Amendment (Schedule 1) Rules 2025, S.R. No. 110/2025\n\n| *Date of Making:* | 16.10.25 |\n| *Date of Commencement:* | 21.10.25: rule 3 |\n\nVictorian Civil and Administrative Tribunal Amendment Rules 2025, S.R. No. 143/2025\n\n| *Date of Making:* | 15.12.25 |\n| *Date of Commencement:* | Rule 7 on 1.1.26: rule 3(1); rules 5, 6, 8–61 on 1.2.26: rule 3(2) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n**Penalty Units**\n\nThese Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\nThe value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\nThe value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.","sortOrder":104}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Rule 8A.04(1) (referring to revoked Rule 8A.03)","severity":"medium","reasoning":"Rule 8A.04(1) requires a referral under section 39(1) of the Planning and Environment Act 1987 to comply with 'the requirements set out in Rule 8A.03'. The supplied text states that Rule 8A.03 was revoked. Rule 8A.04(2) adds requirements but does not supply those attributed to Rule 8A.03.","confidence":0.99,"description":"A referral must comply with requirements attributed to a revoked rule.","source_quotes":["Rule 8A.03 inserted by S.R. No. 58/2019 rule 8, revoked by S.R. No. 143/2025 rule 54.","(1) A referral under section 39(1) of the **Planning and Environment Act 1987** must comply with the requirements set out in Rule 8A.03."]}],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the limited version information provided, there is insufficient evidence to determine whether the scope shifted materially from the original 2018 instrument. The rules appear to remain procedural in character consistent with their original purpose of governing VCAT operations."},"complexity_factors":["Procedural rules interact with multiple VCAT-specific Acts (primarily the Victorian Civil and Administrative Tribunal Act 1998), requiring cross-referencing","VCAT covers an unusually broad jurisdiction spanning dozens of practice areas, each with potentially different procedural requirements","Rules govern both represented and self-represented (litigant in person) parties, creating layers for different circumstances","Version history and consolidation details are incomplete in the provided text, making it difficult to identify which provisions are currently operative","Procedural rules often use technical legal concepts (service, standing, leave to appeal) that have precise legal meanings diverging from everyday usage","Interaction with subordinate legislation and VCAT practice notes adds complexity beyond the rules themselves","Consolidated versions may contain amendments that alter original intent in non-obvious ways"],"plain_english_summary":"The Victorian Civil and Administrative Tribunal Rules 2018 are the procedural rulebook that governs how VCAT runs day-to-day, setting the processes for bringing, defending and resolving a wide range of civil and administrative disputes. They affect applicants, respondents, legal representatives, businesses, landlords, tenants, consumers and government bodies — and matter because procedural errors (missed deadlines, improper service, etc.) can undermine an otherwise valid case."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since the original 2018 Rules the instrument has broadened in administrative scope and operational detail. Notable scope changes include: (1) explicit creation and recognition of a Tribunal digital portal and rules treating portal notifications/links as service (Rules 3.09, 4.11, 4.11A); (2) a substantial expansion of the principal registrar's and registrars' decision‑making powers to cover a wide range of procedural functions previously handled by members (Rule 10.01 and delegation in Rule 10.02); (3) new, detailed documentary and procedural obligations for particular case types (especially residential tenancies and goods & services disputes — Orders 6 and 8); and (4) insertion of a detailed remuneration scale for private administrators appointed under the Guardianship and Administration Act 2019 (Schedule 4), which creates an express regulatory regime for administrator fees. These additions move the Rules beyond a procedural code into a document that also prescribes substantive administrative outcomes (for example, administrator pay rates and registry gatekeeping standards), thereby enlarging their practical footprint compared with the instrument's original, narrower procedural remit."},"complexity_factors":["Extensive length with many Parts, Orders and Schedules (Orders 1–11 plus Schedules 2–4).","High number of cross‑references to multiple Acts (VCAT Act 1998, Guardianship and Administration Act 2019, Residential Tenancies Act 1997, Trans‑Tasman Proceedings Act 2010, Corporations Act, Australian Consumer Law & Fair Trading Act 2012, etc.).","Many defined terms and amended definitions added over time (Rule 1.05 with inserted/revoked defs such as 'goods and services dispute' and 'the register').","Multiple conditional rules and nested exceptions (e.g. fee‑waiver limits, when registrar may reject, when Tribunal may dispense with compliance).","Detailed, topic‑specific documentary requirements creating long enumerated lists (notably Order 8 residential tenancy rules and Order 6 goods & services rules).","Significant delegation and administrative decision‑making provisions (Rules 10.01–10.02) with many subparagraphs covering a wide range of functions.","Frequent revocations and insertions from many amending instruments, producing a layered structure (numerous S.R. amendments cited throughout).","Two separate re‑opening procedures with different time limits and conditions (Rules 4.24 and 4.24A).","Integration of electronic service and portal mechanics that interact with traditional service rules (Rules 3.09, 4.11, 4.11A) — creates operational‑legal conditionality.","A detailed remuneration schedule (Schedule 4) with rates, increments, caps, exclusions and transitional rules."],"plain_english_summary":"**What these Rules do (mechanics)\n\n- Regulate how the Victorian Civil and Administrative Tribunal (VCAT) runs cases: what forms are used, how applications are lodged, how documents are served, and how hearings are listed (Rule 1.01).  \n\n- Require most applications to be in writing and lodged in the prescribed form, and allow electronic lodgement (Rule 3.01(1), (3)).  \n\n- Set out mandatory documentary requirements in many areas: for example, companies and incorporated associations must be supported by ASIC or association-register extracts (Rule 3.05); consumer \"goods and services\" disputes must include ABNs, invoices and business‑name searches (Order 6: Rules 6.02–6.03); and residential tenancy filings carry a long list of specified documents and factual particulars (Order 8: Rules 8.06–8.10).  \n\n- Require parties to give an address for service in Victoria and an electronic address; permit use of a digital portal as an address for service where parties register and agree to it (Rule 3.09).  \n\n- Treat sending a link to an information system or a portal notification as valid service (Rules 4.11 and 4.11A).  \n\n- Give the principal registrar expanded administrative powers: to reject certain applications (including duplicates or non‑human filers) (Rule 4.07A), to strike out or reinstate proceedings for a range of procedural defaults, to determine many routine listing and adjournment requests, and to make procedural directions under standing instructions (Rule 10.01). Those functions may be delegated to registrars or deputies (Rule 10.02).  \n\n- Provide a formal procedure for asking the registry to reduce, waive, postpone, remit or refund Tribunal fees and limit hardship‑based fee relief to natural persons (Rules 3.07–3.08).  \n\n- Fix a default scale of recoverable costs tied to percentages of the Supreme Court Appendix A rates as at 31 December 2024 (Rule 1.07).  \n\n- Include specific forms and prescribed formats for summonses, warrants and residential‑tenancy notices in Schedule 2, and a new remuneration scale for private administrators appointed under the Guardianship and Administration Act 2019 in Schedule 4 (Forms and Schedules).  \n\n- Allow the Tribunal to dispense with compliance with the Rules when appropriate (Rule 1.06) and set time, re‑opening and appeal/ review time limits and procedures (Rules 4.24, 4.24A, 4.07).\n\nWho is affected (practical effects)\n\n- Litigants and representatives: must use specified forms, provide prescribed supporting documents, give Victorian service addresses and electronic addresses, and may be served by portal notifications or links (Rules 3.01, 3.05, 3.09, 4.11–4.11A).  \n\n- Companies, incorporated associations and businesses: must attach ASIC/business‑register or ABR extracts or business‑name searches to some applications (Rules 3.05, 6.03). Corporate applicants claiming a particular fee status must supply statutory declarations about fee‑payer status (Rule 3.06).  \n\n- Applicants in consumer/goods & services disputes and residential tenancy disputes: face specific documentary and evidentiary filing obligations before or with lodgement (Order 6; Order 8).  \n\n- Parties who cannot afford fees: individuals may apply for hardship relief, but organisations are treated differently (Rules 3.07–3.08).  \n\n- Private administrators (accountants/financial advisers) appointed by VCAT: the Rules now include a detailed remuneration scale (Schedule 4) setting hourly rates ($350/hr for planning/major decisions; $120/hr for administrative tasks), billing increments, travel time rules, annual caps ($12,000 or $2,000 depending on estate size) and exceptions for legal or specialist services. Payment comes from the represented person’s funds unless the Tribunal orders otherwise (Schedule 4).  \n\n- The principal registrar and registries: acquire broader discretion to manage listings, reject certain filings, and decide a large set of routine procedural applications (Rule 10.01, 4.07A).  \n\nWhy it matters (claimed purpose and practical testing)\n\nThe Rules state their object is to regulate practice and procedure and \"facilitate fair, efficient, timely and cost‑effective resolution of proceedings, including by use of ADR\" (Rule 1.01). Mechanically, several features implement that goal: electronic filing/service (Rules 3.01(3), 4.11–4.11A), stronger registry gatekeeping (Rule 4.07A, Rule 10.01), and detailed upfront documentary requirements (Orders 6 and 8) intended to front‑load facts and evidence.\n\nCosts, incentives and trade‑offs (concrete mechanisms)\n\n- Compliance costs for parties rise where new or detailed document packages are required (e.g. ASIC extracts, ABN evidence, invoices, Director's reports and specified notices in tenancy matters — Rules 3.05, 6.03, 8.07–8.10). Those are direct time and dollar costs; they also favour parties who can mobilise records and advisers quickly.  \n\n- The digital portal and electronic service reduce postage and in‑person filing costs and speed notice delivery (Rules 3.09, 4.11A). But they require registry and user IT capability and create a dependency on account registration and reliable electronic addresses (operational risk).  \n\n- Registry gatekeeping (ability to reject duplicates or non‑human filers — Rule 4.07A) reduces wasted listings and misuse, but increases the risk of administrative rejection of meritorious filings if the registrar applies the test too tightly (implementation and review risk). The applicant has a 14‑day right to request Tribunal review of a rejection (Rule 4.07).  \n\n- Principal registrar powers to decide routine procedural matters and reinstate or strike out pleas (Rule 10.01) will tend to speed low‑complexity handling and reduce member time costs, but shift decision‑making from members to registry staff (institutional trade‑off between speed and direct member oversight). Delegation to registrars is authorised (Rule 10.02).  \n\n- Fee relief is channelled through a registry process with limited grounds for organisational applicants (Rules 3.07–3.08). That concentrates fee‑relief access on individuals in hardship (Rule 3.07(2)).  \n\n- The default scale of costs fixes recoverable costs at a fraction of Supreme Court Appendix A amounts (83.68% for counsel item, 81.60% for other items as at 31 December 2024 — Rule 1.07). That changes the expected cost‑recovery benchmark in VCAT proceedings compared with higher court litigation and affects financial incentives for counsel engagement and settlement.  \n\nConcentrated benefits and potential substitution effects\n\n- Private administrators who carry on administration businesses gain a clear, predictable fee regime (Schedule 4). That benefits professionals able to take appointments; the fees are to be paid from the represented person’s estate, so the estate (and indirectly beneficiaries) bear the cost.  \n\n- Registry empowerment and electronic service create incentives for parties to file via the portal and to front‑load evidence, substituting paperwork and registry determinations for member time at early stages. That may reduce hearing length but increases upfront compliance work.  \n\nImplementation risk and compliance burden\n\n- Successful operation depends on the Tribunal's digital portal and registrar resourcing: if the portal or the registry cannot manage volume or account‑based service, service‑by‑portal rules could slow rather than speed cases (Rules 3.09, 4.11A).  \n\n- The residential tenancies rules impose numerous and specific documentary obligations (Order 8: Rules 8.06–8.10), which raise practical burdens for private landlords, renters and social services providers who must locate and file the specified notices and reports.  \n\nWho pays, who decides, and how behaviour is likely to change\n\n- Who pays: applicants/parties pay Tribunal fees unless reduced/waived (Rules 3.07–3.08); estates fund administrator remuneration under Schedule 4; represented persons' funds bear administrator fees unless Tribunal orders otherwise.  \n\n- Who decides: the President sets divisions and directions (Rule 2.02); Tribunal members decide substantive matters; the principal registrar and delegated registrars decide an expanded set of procedural and routine matters (Rules 10.01–10.02); registrars review some fee decisions (Rule 3.07(5)–(6)).  \n\n- Behavioural changes expected: more electronic filing and reliance on the digital portal; more document gathering before lodgement; increased use of registry processes to resolve scheduling and routine disputes; administrators and professional administrators may be appointed more often because their remuneration is now specified.\n\nSelected provisions to look at first (by rule number)\n\n- Rule 1.01 (objects), Rule 1.07 (default costs), Rules 3.01–3.10 (applications, document and service rules), Rules 4.11–4.11A (electronic service and portal), Rule 4.07A (registrar rejection), Rule 10.01 (principal registrar functions), Schedule 2 (forms), Schedule 4 (administrator remuneration), Order 8 (residential tenancies rules)."},"kimi_summary":{"_metrics":{"completionTokens":817},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2025 amendments (S.R. No. 143/2025) substantially expanded the scope through a major rewrite of Orders 2, 3, 4, 5, 6, 7, and 8. The rules now cover significantly more detail on electronic service, digital portal use, and residential tenancies matters. New divisions were formally established, and the principal registrar's powers were considerably expanded. The remuneration scale for administrators (Schedule 4, added 2024) also represents scope expansion into detailed fee regulation."},"complexity_factors":["Multiple overlapping amendment layers (19 amending instruments since 2018) with extensive substitution and revocation of rules","Detailed document requirements varying by case type — residential tenancies alone has 15+ specific document requirements in Rule 8.07","Extensive cross-referencing to other Victorian and Commonwealth legislation (Residential Tenancies Act, Guardianship and Administration Act, Corporations Act, etc.)","Conditional logic throughout — many rules apply only if certain conditions met, with exceptions noted","Remuneration scale in Schedule 4 contains nested calculations (hourly rates, 15-minute increments, annual caps, exceptions for specific entity types)","Digital portal and electronic service provisions create parallel service methods with different requirements","Principal registrar's delegated powers listed as 22 separate functions with varying limitations"],"plain_english_summary":"These are the **Victorian Civil and Administrative Tribunal (VCAT) Rules 2018**, which set out how cases are run in Victoria's main tribunal that handles civil disputes, administrative reviews, and some criminal matters.\n\n**What this legislation does:**\n\n- **Establishes tribunal structure** — Creates five divisions (Consumer, Land and Environment, People's Rights and Responsibilities, ADR, and Legal and Policy) and allows the President to create practice areas within them.\n\n- **Sets application procedures** — Specifies what must go in applications and referrals, including contact details, the law being relied on, and what remedy is sought. Most applications must be in writing using VCAT forms and lodged electronically or by post.\n\n- **Governs document service** — Details how parties serve documents on each other, including by post, electronic communication, or through VCAT's digital portal. Parties must provide an address for service in Victoria.\n\n- **Covers specific case types** — Contains detailed rules for:\n  - **Goods and services disputes** (consumer complaints)\n  - **Human rights matters** (guardianship, powers of attorney, medical treatment decisions)\n  - **Residential tenancies** (detailed requirements for eviction proceedings, bond disputes, and compensation claims)\n  - **Land and environment matters** (planning disputes, land valuation)\n  - **Trans-Tasman proceedings** (cases involving New Zealand parties)\n\n- **Provides for fee relief** — Allows people to apply for reduction, waiver, or refund of fees on hardship grounds.\n\n- **Sets administrator remuneration** — Schedule 4 establishes a detailed fee scale (up to $350/hour for complex work, $120/hour for administrative tasks) for professional administrators appointed under guardianship laws, with annual caps unless the Tribunal orders otherwise.\n\n- **Empowers the principal registrar** — Lists 22+ functions the principal registrar can perform without a full Tribunal hearing, including striking out proceedings, granting adjournments, and correcting orders.\n\n**Who it affects:** Anyone bringing or defending a case in VCAT, including consumers, tenants, landlords, people with disabilities and their guardians, businesses, and government bodies.\n\n**Why it matters:** These rules determine whether your application gets accepted, how quickly your case moves, what evidence you need to provide, and how much you'll pay. The 2025 amendments significantly rewrote many rules, particularly around applications, service, and residential tenancies."}},"importantCases":[],"_links":{"self":"/api/acts/victorian-civil-and-administrative-tribunal-rules-2018","history":"/api/acts/victorian-civil-and-administrative-tribunal-rules-2018/history","analysis":"/api/acts/victorian-civil-and-administrative-tribunal-rules-2018/analysis","conflicts":"/api/acts/victorian-civil-and-administrative-tribunal-rules-2018/conflicts","importantCases":"/api/acts/victorian-civil-and-administrative-tribunal-rules-2018/important-cases","documents":"/api/acts/victorian-civil-and-administrative-tribunal-rules-2018/documents"}}