Summary
For disputes under $5000 in Victoria, you can file a claim at VCAT or the Magistrates Court. At VCAT, use Form 5A and pay the applicable fee. Alternatively, you can attempt mediation through the Dispute Settlement Centre of Victoria or seek help from Consumer Affairs Victoria. If the other party does not respond to a court notice, you can request a default judgment. If they still do not comply after judgment, apply for an enforcement order, warrant of seizure and sale, or garnishee their wages or bank accounts. For filing at the Magistrates Court, complete the appropriate claim form, file it, and serve the claim on the other party. Check the Magistrates Court of Victoria website for the latest fee schedule and forms.Full Conversation
what is other option then vcat
If you want to consider alternatives to VCAT for a dispute under $* in Victoria, you could:
- Attempt mediation through the Dispute Settlement Centre of Victoria (DSCV).
- Seek assistance from Consumer Affairs Victoria if it's a consumer-related issue.
- Consider taking the matter to the Magistrates' Court as a small claim.
what about Form 5a
Form 5A is used for initiating a claim at the Victorian Civil and Administrative Tribunal (VCAT). It is specifically for filing a civil dispute. You can obtain the form from the VCAT website and fill it out with the required information to lodge your application.
Would you like assistance with filling out Form 5A?
steps to go to magistrates court
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For disputes under $*, here are the steps to take the matter to the Magistrates' Court in Victoria:
- Complete the appropriate claim form (Form 5A is specific to VCAT, not Magistrates' Court).
- File the claim with the court and pay the filing fee.
- Serve the claim on the other party.
- Attend the court hearing where both parties present their case.
Do you need further information regarding any of these steps?
what if the other party do not respond to court notice
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If the other party does not respond to a court notice in the Magistrates' Court in Victoria:
- You can request a default judgment.
- The court may proceed in the absence of the other party and make a decision based on the information provided.
Do you need guidance on how to request a default judgment?
even after judgement if the other party still diappare
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Even after obtaining a judgment, if the other party still disappears or does not comply, you can take the following steps:
- Apply for an enforcement order.
- Use a warrant of seizure and sale to seize their property.
- Garnishee their wages or bank accounts.
Would you like more details on any of these enforcement actions?
disapper
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If the other party does not comply after obtaining a judgment, you can:
- Apply for an enforcement order.
- Use a warrant of seizure and sale to seize their property.
- Garnishee their wages or bank accounts.
Would you like more details about any of these enforcement actions?
how to obtain the warrant
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To obtain a warrant of seizure and sale in Victoria, you need to:
- Apply to the Magistrates' Court for the warrant.
- Provide details of the judgment and unpaid amount.
- The court will issue the warrant to the sheriff for enforcement.
Would you like assistance with the application process?
explain the step by step process?
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To obtain a warrant of seizure and sale in Victoria, follow these steps:
*. Apply for the warrant at the Magistrates' Court.
*. Complete the necessary application forms.
*. Submit details of the judgment and unpaid amount.
*. Pay the filing fee.
*. The court issues the warrant to the sheriff for enforcement.
Would you like more information on any of these steps?
how much is the court fee for application form5a
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The court fee for filing an application with Form 5A at the Victorian Civil and Administrative Tribunal (VCAT) varies based on the claim amount and whether you are eligible for any concessions. As of the latest update:
- Standard fee for claims under $*,*: $*.*
- Standard fee for claims between $*,* and $*,*: $*.*
Would you like more information on how to file an application with Form 5A?
application fee at magistrate court
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The application fee at the Magistrates' Court in Victoria varies based on the type and amount of the claim. It’s best to check the most recent fee schedule on the Magistrates' Court of Victoria website or contact the court directly for accurate information.
Would you like assistance with anything else?
total claiming amount is $*
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For a claim of $*, you have multiple options for resolution in Victoria. Here are the steps for each option:
VCAT (Victorian Civil and Administrative Tribunal):
*.
Lodge an application: Submit Form 5A.
*.
Pay the applicable fee: For claims between $*,* and $*,*, it's $*.*.
*.
Attend the hearing: Both parties present their case.
Magistrates' Court:
*.
Complete the claim form: Different from Form 5A.
*.
File the claim: Pay the filing fee (varies).
*.
Serve the claim: Notify the other party.
*.
Attend the hearing: Present your case.
Enforcement if the other party does not comply:
*. Apply for an enforcement order.
*. Warrant of seizure and sale: Seize their property.
*. Garnishee their wages or bank accounts.
Would you like more detailed assistance on any of these steps?
link where to file the claim in magistrate court
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To file a claim at the Magistrates' Court in Victoria, you can visit their official website for detailed instructions and access the necessary forms:
Magistrates' Court of Victoria
Website: www.mcv.vic.gov.auWould you like more detailed assistance on how to complete the claim form or any other step?
ok thanks
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You're welcome! If you have any other questions or need further assistance in the future, feel free to ask. Good luck with your claim!
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