What do you want to do ?
Before you apply - Goods and services disputes
Consumer disputes and small claims about products and services you bought or sold.
Find out if you're in the right place
What we can help with
- Faulty or poor quality products or services
- Repairs, refunds, returns or exchanges
- Breach of contract
- Haven't been paid for a service
- Unpaid money
- Unfair contracts
- Loans, franchises and leasing agreements
- Uncollected vehicles or goods
- Product sold with a debt or money owing
- Not as advertised
- Not fit for purpose
- Misleading or deceptive conduct
- Cancel the sale of a car I bought for less than $40,000
- Other breaches of Australian Consumer Law
What’s 'Uncollected vehicles or goods'?
These are things that someone temporarily left with a business but did not claim or collect. They did not tell the business what to do with the goods or could not be contacted.
For example:
- uncollected dry-cleaning
- a car left at a mechanic.
What's 'Sold with a debt or money owing'?
When you buy something by auction or private sale, it must not have been used to guarantee a debt or have any money owing on it. If it does, it's 'sold with undisclosed securities'. When you buy a product it should be clear of any previous debts or ties.
What's 'Not as advertised'?
This means that a business must not make false or misleading claims about their product or service in their advertising.
Most often this can be seen in:
- key details only being explained in the fine print and disclaimers
- pricing mistakes
- products that don't match their description
- not giving appropriate information to the consumer about the product or service.
What’s 'Not fit for purpose'?
Something that is not fit for purpose is not good enough to do the job you said it was for – and what the seller agreed to – at the time of buying.
What’s ‘Misleading or deceptive conduct’?
Misleading and deceptive conduct covers any actions or statements made by a business that create an overall misleading impression.
This can be about the price, value or quality of consumer products or services and can appear in:
- advertisements
- promotions
- quotes
- statements
- any other representations
What's Cancel the sale of a car I bought for less than $40,000?
You can only choose this option if:
- you are applying within 3 months of the purchase date
- the outcome you want is to cancel/revoke the sale of the car
- the purchase price of the car is under $40,000.
This is under the Motor Car Traders Act 1986.
What we can't help with
- Some cases where one party lives in another state or is a Commonwealth government organisation
- Cases heard under federal law instead of Victorian law
- Disputes between neighbours about fences
- Car accidents
- Disputes already decided by a court or tribunal
- Companies that are deregistered or in liquidation
- Disputes with no connection to Victoria
- Some international travel disputes, such as loss of luggage
Can't see what you're looking for?
- Disputes about a lawyer’s services or costs - see legal practice disputes.
Get help and advice before you apply
We can help you understand how to apply. We can’t give you legal advice or tell you what to write in your application. These organisations may be able to help you.
Application time limits
Generally you must apply within six years of the dispute. If the dispute was more than six years ago, you may still apply but the other party may successfully argue that we should dismiss the case.
If your claim is to revoke the sale of a car bought for less than $40,000, you must make the claim within 3 months of the purchase date.
Estimated time to VCAT
Different timeframes apply depending on the type of mediation or hearing your case needs. In general, expect to wait 52 weeks from the time you apply to the date of your mediation or hearing.
About 16 weeks after we accept an application in the Civil Claims List, we send a VCAT order that sets a timetable for when you need to send us supporting documents about your case. It takes about 9-12 weeks for all the steps to be completed. This helps parties prepare for their case and ensure everyone is ready before we schedule a hearing. At the end of the timetable, we will decide whether your case will be scheduled for a hearing, mediation, or fast-track mediation and hearing.
Directions hearings
A directions hearing is a hearing where a VCAT member decides how a case should be managed and how much time it will take.
At the directions hearing, the VCAT member may:
- clarify and explore ways to resolve any issues that are raised
- decide whether the case should go to mediation, compulsory conference or hearing
- set dates for parties to send documents to VCAT and to each other
- order physical evidence to be inspected by an expert witness – for example, requiring a car to be inspected by a mechanic
- make a final order to confirm an agreement between the parties or decide any legal issues raised.
Application fee
Find out about eligibility for standard, corporate or Health Care Card fees.
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Claim or payment amount Standard fee Up to and including $3,000 $72.00 $3,001 - $15,000 $240.00 $15,001 - $100,000 $537.30 $100,001 - $500,000 $880.20 $500,001 - $1,000,000 $1200.30 $1,000,001 - $5,000,000 $1520.30 $5,000,001 and over $1840.40 Claims with no dollar value Standard fee Claims when you don’t ask for money (eg repairs) $537.30 Claims with no specific dollar value Standard fee Claims when you want money but don’t say how much $537.30 Specific dispute types Standard fee Disputes about retirement village management contracts $537.30 Cancel the sale of a car you bought for $40,000 or less $72.00 Neighbourhood disputes that affect company title corporations and service companies for building subdivisions $537.30 Contractor and hirer disputes about the transport of goods in a vehicle or motorised harvesting of forest products $537.30 Injunctions (an order for a party to do or stop doing something immediately) Standard fee You must pay this fee plus your application fee $240.00 -
Claim or payment amount Corporate fee Up to and including $3,000 $102.90 $3,001 - $15,000 $342.90 $15,001 - $100,000 $767.50 $100,001 - $500,000 $1257.40 $500,001 - $1,000,000 $1714.70 $1,000,001 - $5,000,000 $2171.90 $5,000,001 and over $2629.10 Claims with no dollar value Corporate fee Claims when you don’t ask for money (eg repairs) $767.50 Claims with no specific dollar value Corporate fee Claims when you want money but don’t say how much $767.50 Specific dispute types Corporate fee Disputes about retirement village management contracts $767.50 Cancel the sale of a car you bought for $40,000 or less $102.90 Neighbourhood disputes that affect company title corporations and service companies for building subdivisions $767.50 Contractor and hirer disputes about the transport of goods in a vehicle or motorised harvesting of forest products $767.50 Injunctions (an order for a party to do or stop doing something immediately) Corporate fee You must pay this fee plus your application fee $342.90 -
Claim or payment amount Health care card fee Up to and including $3,000 No fee $3,001 - $15,000 No fee $15,001 - $100,000 $179.60 $100,001 - $500,000 $179.60 $500,001 - $1,000,000 $179.60 $1,000,001 - $5,000,000 $179.60 $5,000,001 and over $179.60 Claims with no dollar value Health care card fee Claims when you don’t ask for money (eg repairs) $179.60 Claims with no specific dollar value Health care card fee Claims when you want money but don’t say how much $179.60 Specific dispute types Health care card fee Disputes about retirement village management contracts $179.60 if the claim is over $15000. No fee for other claims. Cancel the sale of a car you bought for $40,000 or less $36.00 if the claim is over $15000. No fee for other claims. Neighbourhood disputes that affect company title corporations and service companies for building subdivisions $179.60 if the claim is over $15000. No fee for other claims. Contractor and hirer disputes about the transport of goods in a vehicle or motorised harvesting of forest products $179.60 if the claim is over $15000. No fee for other claims. Injunctions (an order for a party to do or stop doing something immediately) Health care card fee You must pay this fee plus your application fee $120.00 if the claim is over $15000. No fee for other claims.
Daily hearing fees and other additional costs may also apply. See fees or apply for fee relief.
You need to pay when you submit your application. We accept VISA or Mastercard only online.
Civil case examples
Case 1: Product not fit for purpose
You went to buy a car stereo. The salesperson told you what model would fit your car so you bought it. But when you went to install it, the stereo doesn’t fit. The store won’t let you return the stereo for a suitable model. You apply to VCAT to make an order for the store to refund your money.
Case 2: Service not paid for
You’ve installed an air conditioner for a customer. Your customer paid a deposit when they booked the service, and the rest of the money was due on the day of installation. On the day they didn’t pay the rest and you’ve called them, sent emails and sent the invoice to the address but they haven’t paid. You can apply to VCAT for an order for them to pay.
Case 3: Poor quality product and service
A car mechanic buys parts and installs them in your car as part of a service. Within a week, your car makes the same noises it made before you had the service done. The mechanic insists the car is fine. You get another mechanic to look at your car, and they tell you the newly-installed part is faulty and that one of the bolts had not been tightened properly. You apply to VCAT to make an order for the original mechanic to compensate you for the extra costs you had to pay to have your car working properly.
Help and support
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How can I stop something or get someone to do something urgently?
Sometimes we order someone to do or stop doing something temporarily.
This is called an interim injunction. Applying for an interim injunction is serious. You must explain to us why the situation is urgent, for example it will cause major damage.
If you think you need an interim injunction, make sure you’re able to show some important reasons for your application. Include these reasons when you apply, or be ready to explain them at the urgent hearing.
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How do I get an ASIC extract?
If you are making a claim against a business or company you need to provide an ASIC extract with your application. It confirms you’re taking legal action against the right person and the address is correct. We can't progress your application without it.
ASIC Current Company Extract
You must buy this document if your dispute is with a company. It confirms you're taking legal action against the right company and that the registered address is correct. To do this:
- Watch the video: How to download an ASIC Current Company Extract.
- Search the ASIC Registers.
- Buy the Current Company Extract document for $10.
- If the company is trading under a business name in your dispute, you must also get a Business Names Extract from the ASIC Registers.
- Don't get the free Summary PDF. It doesn't have the information you need.
If you need help, call ASIC on 1300 300 630.
ASIC Business Names Extract
You must buy this document if your dispute is with a business. It confirms you're taking legal action against the right business holder and that the business address is correct. To do this:
- Watch the video: How to download an ASIC Business Names Extract.
- Search the ASIC Registers.
- Buy the Business Names Extract document for $10.
- Look at the holder of the business name. If it's a company, go back and change the respondent to 'Company'.
- Don't get the free Summary PDF. It doesn't have the information you need.
If you need help, call ASIC on 1300 300 630.
Incorporated Association Extract
You must buy this document if your dispute is with an incorporated association. It confirms the incorporated association is registered and your application is sent to the correct contact person and registered address.
Buy and download the Extract from the Consumer Affairs website.
For help watch the video or call Consumer Affairs Victoria on 1300 55 81 81.
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Should I get a lawyer?
VCAT cannot give legal advice. If you do choose to get legal advice, you will need to pay any costs.
If you want to talk about what you should do, you can access free or low-cost legal advice or find a private lawyer.
If you want a lawyer or other professional representative to speak on your behalf at VCAT, let the other party know in writing before the hearing and ask permission when the hearing starts. You will need to explain why.For some case types you have an automatic right to representation.
If the claim is for goods and services under $15,000, we generally don’t allow a lawyer or other professional representative to speak for you at VCAT.
If you do choose to get legal advice, you’ll need to pay any costs.
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What can I do if I can’t pay the fees?
You automatically don’t need to pay any fees if you meet certain criteria.
For everyone else, if you believe paying VCAT fees would cause you financial hardship, you can apply for fee relief at the same time you apply to VCAT.
If we agree, this means we may:
- waive the fee
- reduce the amount you have to pay
- postpone the amount you have to pay.
Any individual can apply for fee relief, including people who don’t have a concession card, but you must meet eligibility criteria. We’ll ask you to give us a summary of your personal financial situation to support your application.
You only need to apply once. Our decision applies to all VCAT fees you’re asked to pay in your case. -
What support can I get on the day at VCAT?
We offer a range of support services including interpreters, disability, security, family violence and Koori support.
Make sure you let us know what support you need to early as possible - when you apply to VCAT or get a notice from us.
If you’ve been in touch with us about support before you come to VCAT, see our customer service staff at the counter or meet the support person at the location you’ve agreed on before the hearing.
You can also contact us by phone, email, post or in person. Our staff can help answer questions about the VCAT process, but they can’t give you legal advice about your case or the outcome.