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Registering a VCAT Order with the Magistrates’ Court

Published On: April 9, 2021

Are you a landlord who has obtained a VCAT order against your tenant for unpaid rent? Are you a member of an Owners Corporation who has obtained a VCAT order against a lot owner for unpaid Owners Corporation fees? Have you lodged a claim with VCAT against a company or individual in respect of a consumer dispute and obtained a monetary order against them in your favour?

VCAT does not enforce orders, so if a satisfactory outcome for payment cannot be reached between parties, you may seek to register the VCAT order with the Magistrates’ Court to be able to commence further enforcement proceedings.

The process is relatively straightforward:

  • A certified copy of the VCAT order is obtained
  • An Affidavit is prepared by our instructing solicitor noting that the amount due under the order has not been paid and requesting the order be registered with the Magistrates’ Court
  • The Affidavit and certified VCAT order are submitted to the Magistrates’ Court for registration
  • A formal order is received from the Magistrates’ Court, usuaIly within two weeks
  • The Magistrates’ Court order is served on the debtor and, if still unpaid, is thereafter enforceable under the Magistrates’ Court Rules.

If you have a VCAT order that you would like to enforce, please contact our Litigation Department for further assistance.

The content of this article is intended to provide a general guide only. You should seek advice for your specific circumstances.

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