The Real Property disputes relate to real estate and property and enables the VCAT jurisdiction within the following legislation:
- Australian Consumer Law and Fair Trading Act 2012;
- Estate Agents Act 1980;
- Owners Corporations Act 2006;
- Property Law Act 1958;
- Sale of Land Act 1962;
- Water Act 1989.
Real property disputes include the following:
- The amount of commissions or outgoings charged by an estate agent;
- Subdivisions but not related to planning or environmental issues;
- Disputes about owners corporations which are related to the subdivision of land affected by an owners corporation.
- Civil liability arising from various causes regarding the taking, use or flow of water;
- Liability of licensees arising out of flow of water;
- Sale or division of co-owned land or goods;
- Disputes about estate agent’s commission may be heard upon reference by the Director of Consumer Affairs Victoria;
- Persons suffering damage from flows of water may file their claims for damages under the Water Act 1989 and the Water Industry Act 1994;
- Persons seeking orders for sale or division of co-owned land or goods may apply under the Property Law Act
Most co-ownership disputes are referred to mediation as a first step and the majority of cases are settled there.
- Mediation enabled parties to tailor outcomes to best suit their needs. This is particularly pertinent for co-ownership disputes, where parties may have agreed to sell the property but could not agree on the method or terms of the sale.
