Living In A Village - Information Sheet L8
Taking your dispute to CAV or VCAT
Sometimes, you may need help to sort out disputes with either the site owner/operator or another resident.
If you have tried to resolve them privately and that has not worked, you may decide to seek assistance from Consumer Affairs Victoria (CAV) or the Victorian Civil & Administrative Tribunal (VCAT). If you decide to use these services, it is important that you are prepared.
You will need to show:
- all requests to the other party in writing, and all responses also in writing
- the issue clearly stated, including what you want the other party to do, or to stop doing and the requested time frames for them to comply
- records of correspondence, dates of submissions and dates of responses
- records of any meetings that have taken place with the other party. Keep your own notes of the meetings and exchange notes with the other party, for comparison
- any photographs and/or videos taken, if appropriate
- floor and or ground plans to show locations of issues, if appropriate
- witness statements if possible, and if necessary
- copies of reports from third-party experts if they exist
At CAV and/or VCAT, you must be prepared to present everything you have, on the day, as you will rarely get a second chance once a decision has been made. Both parties have the right to a fair hearing, so present all your evidence to the other party so they cannot say that they were unaware of something. They should also share evidence with you, with the aim of settling matters before getting to VCAT. If it does go to CAV or VCAT, be truthful, accurate and clear in your evidence.
The VCAT member will need to consider both sides of the dispute, so be clear about what you hope to achieve, and how you can prove your case. Write your speech beforehand; do not ad lib on the day. If you have digital evidence, you must advise VCAT at least one week in advance so they can have the appropriate facilities to hand, however you must provide your own laptop, tablet, or phone. The VCAT member may also stop you presenting, if they believe that what you are saying will not affect the final decision.
Further information can be found at https://www.vcat.vic.gov.au/the-vcat-process/prepare-to-come-to-vcat
