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Victorian Civil and Administrative Tribunal Rules 2008

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Victorian Civil and Administrative Tribunal Rules 2008

    Version No. 004 Victorian Civil and Administrative Tribunal

    Rules 2008

    S.R. No. 65/2008

    Version incorporating amendments as at 1 August 2010

    TABLE OF PROVISIONS Rule Page

    ORDER 1PRELIMINARY 1 1.01 Object 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Revocation 1 1.05 Definitions 2 1.06 Dispensing with compliance 2 ORDER 2TRIBUNAL DIVISIONS AND LISTS 3 PART 1DIVISIONS OF THE TRIBUNAL 3 2.01 Divisions 3 2.02 Division Head 3 PART 2DIVISION LISTS 3 2.03 Lists 3 2.04 List Heads 5 2.04A Assignment to cover short term absences 5 PART 3WORKING ARRANGEMENTS 6 2.05 Entry of proceeding in list 6 2.06 Principal registrar may allocate proceedings to and transfer

    proceedings from lists 7 2.07 Assignment of members 7

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    Rule Page ORDER 3REVIEW JURISDICTION 9 3.01 Form of application for order that statement of reasons be

    given for decision liable to review 9 3.02 Functions under section 47(1) of the Act to be exercised in

    general list of administrative division 9 3.03 Number of copies of documents to be lodged 9 ORDER 4GENERAL PROCEDURE 10 4.01 Provisions of Order to be subject to Orders 5 and 6 10 4.02 Appointment of litigation guardian for a child 10 4.03 Form of application 10 4.04 Form of referral 11 4.05 Lodgement of application or referral 11 4.06 Lodgement of other documents by electronic transmission 11 4.07 Notification of commencement 12 4.08 Address for service of documents 12 4.09 Counterclaim 12 4.10 Direction to submit to medical or other examination 13 4.11 Notice of compulsory conference 13 4.12 Notice of mediation 13 4.13 Notice of hearing 13 4.14 Form of witness summons 14 4.15 Service of witness summons 14 4.16 Refusal to issue witness summons 14 4.17 Authentication of order 14 4.18 Application for correction of order 15 4.19 Re-opening an order 15 4.20 Extension or abridgment of time 15 4.21 Form of warrant of arrest 15 4.22 Form of warrant of committal 15 4.23 Alternative method of service of documents on party 16 4.24 Form of register of proceedings and matters to be contained

    therein 16 4.25 Classes of persons disqualified from being a professional

    advocate 16 4.26 Principal registrar's powers in relation to adjournment and

    withdrawal of a proceeding 18 ORDER 5ADMINISTRATIVE DIVISION 19 PART 1LAND VALUATION LIST 19 5.01 Tribunal may direct disclosure of valuation evidence 19

    ii

    Rule Page PART 2OCCUPATIONAL AND BUSINESS REGULATION

    LIST 20 5.02 Form of application 20 5.03 Constitution of Tribunal in proceedings 20 PART 3PLANNING AND ENVIRONMENT LIST 22 5.04 Time within which statement of grounds must be lodged in

    case of proceeding under planning enactment 22 5.05 Applications to the planning and environment list 22 5.06 Referral of disputessection 39(1) of the Planning and

    Environment Act 1987 23 5.07 Matters to be contained in notice given or published under

    section 83B of the Planning and Environment Act 1987 23 5.08 Additional requirement if document is served electronically 24 5.09 Prompt final hearing procedure 25 ORDER 6CIVIL DIVISION AND HUMAN RIGHTS DIVISION 26 PART 1ANTI-DISCRIMINATION LIST 26 6.01 Definition of complaint 26 6.02 Notifications 26 6.03 Interlocutory applications 27 6.04 Additional functions of principal registrar 28 6.05 Rule 4.04 not to apply to proceedings under Equal

    Opportunity Act 1995 or the Racial and Religious

    Tolerance Act 2001 29 6.06 Jurisdictional hearings and functions under section 156

    of the Equal Opportunity Act 1995 29 PART 2CIVIL CLAIMS LIST 29 6.07 Application of these Rules to this List 29 6.08 Re-opening on substantive grounds 29 6.09 Applications 30 6.10 Documents to accompany an application 31 6.11 Rejection of applications by principal registrar 32 PART 3CREDIT LIST 32 6.12 Notifications 32 6.13 Function of the principal registrar 32 PART 4DOMESTIC BUILDING LIST 32 6.14 Applications and dealings with applications 32 PART 5GUARDIANSHIP LIST 33 6.15 Service by principal registrar 33 6.16 Form of register of proceedings and matters contained therein 33

    iii

    Rule Page PART 6REAL PROPERTY LIST 33 6.17 Form of claim in proceedings under the Water Act 1989 and

    the Water Industry Act 1994 33 6.18 Counterclaim 33 PART 7RESIDENTIAL TENANCIES LIST 34 6.19 Definition 34 6.20 Application of Part 34 6.21 Mode of service 34 6.22 Service prior to lodgement 34 6.23 Accompanying documents for electronic lodgement 34 6.24 Applications 35 6.25 Documents required to be included with certain applications 36 6.26 Particulars to be provided with certain applications 39 6.27 Additional particulars for certain applications 42 6.28 Documents and particulars required for certain applications 44 6.29 Form of notice under section 346 of the Residential

    Tenancies Act 1997 45 6.30 Warrant of possession 45 6.31 Withdrawal of proceedings 46 6.32 Re-opening an order 46 6.33 Review of certain determinations and orders 46 PART 8RETAIL TENANCIES LIST 47 6.34 Form of application 47 6.35 Counterclaims 47

    __________________

    SCHEDULES 48 SCHEDULE 1Allocation of Functions 48 PART 1ADMINISTRATIVE DIVISION 48 1 General List 48 2 Land Valuation List 51 3 Occupational and Business Regulation List 53 4 Planning and Environment List 57 5 Taxation List 58 PART 2CIVIL DIVISION 59 6 Civil Claims List 59 7 Credit List 60 8 Domestic Building List 60 9 Legal Practice List 61 9A Owners Corporation List 61 10 Real Property List 62

    iv

    Rule Page 11 Residential Tenancies List 63 12 Retail Tenancies List 63

     PART 3HUMAN RIGHTS DIVISION 6413 Anti-discrimination List 64 14 Guardianship List 64 15 Health and Privacy List 65 16 Mental Health List 66 SCHEDULE 2Forms 67 Form 1Application for Review of a Decision 67 Form 2Application for Order 69 Form 3Referral 70

     Form 4Summons to Appear 71

    Form 5Arrest Warrant 73 Form 6Warrant of Committal 74 Form 7Application 75 Form 8Claim 77 Form 9Notice (Under Section 346 of the Residential Tenancies

    Act 1997) to Occupant to Appear Before Tribunal 79 Form 10Warrant of Possession 80 Form 11Application 82 SCHEDULE 3Revoked Statutory Rules 84

    ???????????????

    ENDNOTES 86 1. General Information 86 2. Table of Amendments 87 3. Explanatory Details 88

    v

    Version No. 004

    Victorian Civil and Administrative Tribunal

    Rules 2008

    S.R. No. 65/2008

    Version incorporating amendments as at 1 August 2010

    The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998

    makes the following Rules:

    ORDER 1PRELIMINARY

     1.01 Object

    The object of these Rules is to regulate the

    practice and procedure of the Victorian Civil and

    Administrative Tribunal.

     1.02 Authorising provisions

    These Rules are made under section 157 of the

    Victorian Civil and Administrative Tribunal

    Act 1998 and all other enabling powers.

     1.03 Commencement

    These Rules come into operation on 30 June 2008.

     1.04 Revocation

    The Rules set out in Schedule 3 are revoked.

    1

    Victorian Civil and Administrative Tribunal Rules 2008

     r. 1.05 S.R. No. 65/2008

     1.05 Definitions Rule 1.05 (Heading) amended by S.R. No. 73/2010 rule 5(1).

    In these Rules

    Rule 1.05 member in charge of a list means a presidential def. of member or a senior member nominated to be member in charge of a list in charge of a list in accordance with inserted by Rule 2.04; S.R. No. 73/2010 rule 5(2).

    the Act means the Victorian Civil and

    Administrative Tribunal Act 1998.

     1.06 Dispensing with compliance

    The Tribunal may dispense with compliance with

    any of the requirements of these Rules, either

    before or after the occasion for compliance arises.

    __________________

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    Victorian Civil and Administrative Tribunal Rules 2008

     r. 2.01 S.R. No. 65/2008

    ORDER 2TRIBUNAL DIVISIONS AND LISTS

    PART 1DIVISIONS OF THE TRIBUNAL

     2.01 Divisions

     (1) The Tribunal shall exercise its functions in

    divisions.

     (2) For the purposes of subrule (1), the following

    divisions of the Tribunal are established

     (a) administrative division;

     (b) civil division;

     (c) human rights division.

     2.02 Division Head

    A presidential member nominated from time to

    time by the President shall be in charge of a

    division.

    PART 2DIVISION LISTS

     2.03 Lists

     (1) Each division of the Tribunal shall exercise its

    functions in lists.

     (2) The following lists of the administrative division

    are established

     (a) general list;

     (b) land valuation list;

     (c) occupational and business regulation list;

     (d) planning and environment list;

     (e) taxation list.

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    Victorian Civil and Administrative Tribunal Rules 2008

     r. 2.03 S.R. No. 65/2008

     (3) The following lists of the civil division are

    established

     (a) civil claims list;

     (b) credit list;

     (c) domestic building list;

     (d) legal practice list; Rule 2.03 (da) owners corporation list; (3)(da) inserted by S.R. No. 154/2009 rule 5(1).

     (e) real property list;

     (f) residential tenancies list;

     (g) retail tenancies list.

     (4) The following lists of the human rights division

    are established

     (a) anti-discrimination list; Rule 2.03(4)(b) (b) guardianship list; amended by S.R. No. 154/2009 rule 5(2)(a).

    Rule 2.03(4)(c) (c) health and privacy list; inserted by S.R. No. 154/2009 rule 5(2)(b).

    Rule 2.03(4)(d) (d) mental health list. inserted by S.R. No. 154/2009 rule 5(2)(b).

     (5) The functions to be exercised in each list are set

    out in Schedule 1.

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    Victorian Civil and Administrative Tribunal Rules 2008

     r. 2.04 S.R. No. 65/2008

     (6) Any function capable of being exercised by the

    Tribunal that is not referred to in Schedule 1 is

    included in the general list of the administrative

    division.

     2.04 List Heads

    Rule 2.04(1) (1) A presidential member, or a senior member, amended by nominated by the President shall be in charge of a S.R. No. 73/2010 list. rule 6(a).

    Rule 2.04(2) (2) The President may only nominate under subrule amended by (1) a presidential member or senior member who, S.R. No. 73/2010 in the opinion of the President, has special rule 6(b). knowledge of the law in relation to a class of

    matters in respect of which functions may be

    exercised in the list.

    Rule 2.04A 2.04A Assignment to cover short term absences inserted by S.R. No. (1) The President may assign a presidential member 73/2010 rule 7. or a senior member to be a member in charge of a

    list if the person who is ordinarily the member in

    charge of a list is, for a short term not exceeding

    3 months

     (a) absent; or

     (b) for any other reason, unable to perform the

    duties of a member in charge of a list.

     (2) An assignment under subrule (1) cannot exceed

    3 months.

     (3) A presidential member or a senior member

    assigned as a member in charge of a list under

    subrule (1) has all the powers and may perform all

    the duties of the member in charge of the list for

    whom he or she is acting.

     (4) The President may at any time terminate an

    assignment under this rule.

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