The Magistrates’ Court of Victoria has been empowered to hear federal jurisdiction matters that the Victorian Civil and Administrative Tribunal (VCAT) cannot.
Announcing the changes, Attorney-General, Jaclyn Symes said the Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021 was now in effect and would make it easier for Victorians to resolve disputes involving an interstate party.
“Federal jurisdiction matters are listed in the Commonwealth Constitution and include disputes between residents of different States – for example, a tenancy dispute between a Victorian resident and a landlord who lives in NSW,” Ms Symes said.
“Recent Supreme Court and High Court decisions ruled that VCAT does not have jurisdiction to resolve federal jurisdiction matters, leaving Victorians involved in such disputes without a clear avenue for resolution,” she said.
“The reforms address this frustrating gap by providing a low cost, easier pathway for Victorians to apply directly to the Magistrates’ Court to have these matters heard.”
Ms Symes said the scheme would make use of the Court’s online capability and circuit court services to ensure that regional communities could access the new pathway.
The Minister said fees would be the same as if the matters could be heard by VCAT and self-represented parties would be able to seek assistance with their applications from the Magistrates’ Court’s Self Represented Litigant Coordinator.
“The Act also ensures that where VCAT has made decisions in federal jurisdiction matters in the past, those decisions remain effective – giving parties in those matters certainty that their rights arising from VCAT orders can continue to be enforced and that actions they have already taken are effective,” Ms Symes said.
