189Small claim commenced in court

189 Small claim commenced in court (1) This section applies if a supplier, or person acting on behalf of the supplier— (a) commences proceedings in a court; and (b) the proceedings arise wholly or predominantly from a small claim. (2) The court must dismiss the proceedings if— (a) the court has not yet commenced to hear the matter; and (b) the purchaser has applied to VCAT to have the matter heard and determined by VCAT; and (c) the purchaser has lodged with VCAT— (i) the whole of the amount sought by the supplier; or (ii) if any payment has been made to the supplier (including any deposit), the outstanding amount sought; and (d) VCAT has notified the court of that application to VCAT and lodgement. (3) If the court dismisses the proceedings under subsection (2), the court must not make an order as to costs in respect of those proceedings.