Victorian Civil Administrative Tribunal

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The Victorian Civil and Administrative Tribunal (VCAT) resolves legal disputes in Victoria, including disputes between rental providers and renters. It was established in 1998 under the Victorian Civil and Administrative Tribunal Act 1998 (Vic). It finalises more than 60,000 cases each year, and residential tenancy disputes make up the largest share of its work.

VCAT’s powers come from the Parliament of Victoria. The VCAT Act 1998 creates the Tribunal and sets out how it must operate. “Enabling” Acts give VCAT power over particular types of disputes. For rental matters, that Act is the Residential Tenancies Act 1997 (Vic). VCAT can only decide matters Parliament has given it power to decide.

Rental providers and renters can both apply to VCAT about:

• Bond claims and compensation
• Repairs and urgent repairs, including minimum standards
• Rent increases
• Notices to vacate and possession orders
• Breaches of duty under the Residential Tenancies Act

The same law applies to both sides.

Consumer Affairs Victoria is a government regulator. It provides information and administers and enforces renting laws, and it can be a party to a VCAT case. VCAT is a separate, independent tribunal. It hears both sides and makes binding orders. Its members are appointed by the Governor in Council and must “apply the law and make impartial, independent decisions.”

VCAT is led by a President, who is a Supreme Court judge, and Vice Presidents, who are County Court judges. They are supported by Deputy Presidents, Senior Members and Members. Court Services Victoria provides administrative support. VCAT is accountable through:

• Parliament, which creates its powers and can disallow its procedural rules
• Its annual report, submitted to the Attorney-General under section 37 of the VCAT Act and tabled in Parliament
• The Supreme Court of Victoria, which hears appeals on questions of law under section 148
• The Judicial Commission of Victoria, which investigates complaints about members’ conduct

Current leadership: the President is Justice Ted Woodward. The Head of the Residential Tenancies List is Deputy President Kylea Campana.

Under section 97 of the VCAT Act, “The Tribunal must act fairly and according to the substantial merits of the case in all proceedings.” It is also “bound by the rules of natural justice” (section 98). Both parties are heard, the same rules apply to landlords and renters, hearings are generally open to the public, and decisions can be appealed on a question of law. Whatever the outcome, every party receives a fair and independent hearing.

VCAT is less formal than a court. It is not bound by the rules of evidence, and many parties represent themselves. Importantly, it is not a “court of a State” under the Australian Constitution.

• Burns v Corbett [2018] HCA 15 (High Court): State tribunals that are not courts cannot decide disputes between residents of different States.
• Meringnage v Interstate Enterprises [2020] VSCA 30 (Court of Appeal): found VCAT is not a “court of a State”.
• Thurin v Krongold [2022] VSCA 226 (Court of Appeal): confirmed VCAT cannot exercise federal jurisdiction.

If the rental provider and renter are residents of different Australian States, VCAT cannot hear the dispute. Instead, the application must be made to the Magistrates’ Court of Victoria under Part 3A of the VCAT Act, which has applied since 29 November 2021. Residency is assessed when the application is lodged. Companies, residents of the ACT and NT, and overseas residents are not affected by this rule.

With more than 500 VCAT hearings and 25 years’ experience, Square PM & Advocacy assists rental providers, agencies and, in appropriate circumstances, renters with VCAT applications, evidence preparation and representation.

This is General information only, not legal advice. Current as at October 2026. Square Investments Real Estate is not affiliated with or endorsed by VCAT.