The Civil Claims List handles consumer and trader disputes, as well as goods or services disputes. These can involve goods and services that are valued from less than $500 to over $1 million.
This list is under the umbrella of the Civil Division at VCAT and hears proceedings that have been brought under the Australian Consumer Law (Consumer Law). These proceedings are closer in nature to a court-based contractual or commercial case than other proceedings in VCAT.
The Civil Claims List is also often colloquially referred to as the ‘Fair Trading or Consumer Law List’, but a number of other lists have jurisdiction to hear matters under the Consumer Law, such as the Building and Property List and the Retail Leases Lists.
Definitions of consumer and trader disputes
A consumer and trader dispute or claim arises between a purchaser or possible purchaser of goods or services and a supplier or possible supplier of goods or services in relation to a supply or possible supply of goods or services.
There must be a supplier and purchaser relationship between the parties, but the claim need not necessarily be based on a contract.
A consumer and trader dispute may also be a dispute between persons who would not be described as consumers or traders in ordinary parlance. A person who does not hand over money or give other valuable consideration in return for the supply of goods or services may be defined as a purchaser. (It would be more accurate to call it a purchaser – supplier dispute.)
Definitions of goods or services disputes
Services are very widely defined as any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be provided, granted or conferred in trade or commerce … including rights, etc., conferred under various types of contract identified in the definition, but not including rights or benefits being the supply of goods or the performance of work under a contract of service (i.e. an employment contract).
Dispute examples
There is no limit on the amount that may be claimed in an application to the Civil Claims List. The List hears disputes about:
- services that are not satisfactory
- repairs or servicing that was late or unsatisfactory
- lack of payment for services supplied
- misleading or deceptive conduct, false representation and unconscionable conduct
- items purchased that won’t perform.
The most common types of disputes involve:
- consumer guarantees under the Australian Consumer Law (Victoria) regarding goods and services
- the purchase and repair of used cars
- franchise agreements
- contracts for the supply of services such as website development and for the supply of professional services
- an increased number of sophisticated claims that involved complex subject matter.
Misleading or deceptive conduct in trade or commerce is the provision most commonly alleged to have been contravened. It provides that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
Procedure
There is little difference between procedure in the Magistrates Court and VCAT for claims under $10,000.00. Such claims are heard pursuant to the arbitration procedure of the Magistrates Court or listed in the Small Claims list at VCAT.
Like the Magistrates Court, VCAT:
- is bound by the rules of evidence in such hearings and may select the procedure it deems appropriate.
- proceeds to final hearing without directions or mediation
- has the power to strike out contractual provisions pursuant to Consumer Law
- does not requires formal pleadings or discovery.
Filing fees for VCAT are slightly lower and, although difficult to say with certainty, it appears VCAT matters are finalised faster than in the Magistrates Court.
In the VCAT Civil Claims List, a proceeding claiming up to $10,000 is normally determined in eight weeks and one over $10,000 is likely to be determined within six months of filing.
VCAT is empowered by Consumer law to:
- order payment of a debt or damages
- vary any term of a contract
- order specific performance
- declare that a debt is, or is not owing
- order a party to do or refrain from doing something.
Please contact me if you have any further questions about the Civil Claims List at VCAT.
