Hi OzLegal,
I'm taking my tenant (commercial) to VCAT as he is refusing to pay agreed rent and monies owed.
I had previously conferred with the Victorian Small Business Commission, whereby my tenant had agreed to a reduced payment plan which he has failed to meet, hence why I am taking him to VCAT.
If I win this case (which I should), can I make the tenant pay the VCAT costs? (Like in normal court of law when you win).
Anyone have any tips on how to win VCAT cases?
Couldn't find this, thank you.
No probs.
How much is the fee?
Application: $65.30
Injunction: $217.70
Claim: $487.30
Hearing Fee: $362.90
So there is a hearing fee in VCAT? NCAT doesn't charge any fee other than the application fee..
if this is the fee your agent charge or your lawyer charge then it can not be pass on as xCAT should not be using a lawyer unless the member agreed but in this case, everyone should bare their own cost.
The priority should be to get the tenant to pay the rent. The fees would be a bonus.
Claim value $15,001 - $100,000 $487.30
If I win this case (which I should), can I make the tenant pay the VCAT costs? (Like in normal court of law when you win).
Typically not. In special circumstances, you can ask the member to award them, but it's pretty rare AFAIK.
Re tips to win - Show you've made reasonable attempts to resolve the matter prior to attending VCAT and provide documentation supporting the same. The rest will be up to the member to determine on its merits.
The VCAT website has some pretty solid advice.
https://www.vcat.vic.gov.au/the-vcat-process/prepare-to-come…
Good luck!
Thank you!
You may well win the VCAT case but VCAT has no powers to enforce the payment to you by the tenant. You would need to then go to the Magistrate Court to get your money. Even then payment is not guaranteed, e.g. your tenant could file for bankruptcy
If you are representing yourself, then unlikely to have costs /fees awarded even if you win.
My neighbour took me to vcat multiple times for a case he was never going to win. Each time I claimed costs but the member rejected each time saying, basically, self-presentation can't be recovered.
It's different if I got legal assistance or paid for reports to prove me neighbour wrong.
But my time and efforts in winning weren't recoverable as money.
I hope by "conferred" with VSBC that you mean you obtained a certificate. Without the certificate VCAT will throw your case out.
Correct, I did obtain a certificate.
No need to tip VCAT.
Doubt it.