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[2008] VCAT 572
Victorian Civil and Administrative Tribunal
2008-03-13
Original judgment source is linked above.
The Applicant relied upon a number of cases in which the Tribunal has exercised its jurisdiction under the Act in relation to contracts of insurance. On their own, they would not necessarily be conclusive - the presiding members in those cases may have been wrong, given that we do not always have the assistance of counsel when considering jurisdictional points. In my view however, the Tribunal is not in error in considering that Part 9 jurisdiction includes contracts of insurance.
The Tribunal's jurisdiction under the Act is concurrent with the jurisdiction of the Courts as the Second Reading Speech of the 1999 Act points out. With the clear exception set out in the Act, the Tribunal has jurisdiction in relation to most contracts in Victoria. This is contrary to the Respondent's contention that its interpretation of the definition of services must be correct or "otherwise every contract could be dealt with in this Tribunal and it was not Parliament's intention to confer such a wide jurisdiction". In the absence of clear words to the contrary, it appears that it was Parliament's intention to do that.
For those reasons the application for the claim to be struck out for lack of jurisdiction is dismissed.
(c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law;".
Davis & Lasker
AAMI Ltd