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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2018 - REG 8.07

Documents required to be included with certain applications

Rule 8.07(1) amended by S.R. No. 145/2019 rule 14(1).

    (1)     An application under section 46(1), 103(1), 154(1) or 498ZH(1) of the Residential Tenancies Act 1997 (excessive rent or hiring charge) must be accompanied by a copy of the Director's report under section 45, 102, 153 or 498ZG of that Act (as the case requires) with respect to the relevant rent or hiring charge.

Rule 8.07(2) amended by S.R. No. 145/2019 rule 14(2).

    (2)     An application under section 75(1), 132(1), 191(1) or 498R(1) of the Residential Tenancies Act 1997 (non-urgent repairs) must be accompanied by a copy of the Director's report under section 74, 131, 190 or 498Q of that Act (as the case requires) with respect to the relevant premises, room, rooming house or caravan.

    (3)     An applicant for an application referred to in subrule (2) must serve a copy of the report referred to in that section with the copy of the application.

Rule 8.07(4) amended by S.R. No. 145/2019 rule 14(3).

    (4)     In addition to subrule (3), if a landlord, rooming house owner, caravan park owner, caravan owner or SDA provider has given an electronic address for service, the copy of the report may be given by electronic communication to that electronic address.

    (5)     An application under section 128(1) or 187(1) of the Residential Tenancies Act   1997 (unreasonable house or caravan park rules) must be accompanied by a copy of the house rules or caravan park rules (as the case requires).

Rule 8.07(6) amended by S.R. No. 145/2019 rule 14(4).

    (6)     An application under section 209 or 498ZQ of the Residential Tenancies Act 1997 must be accompanied by a copy of the breach of duty notice given under section 208 or 498ZP of that Act.

Rule 8.07(7) amended by S.R. No. 145/2019 rule 14(5).

    (7)     An application to the Tribunal under section 322, 323, 324 or 498ZZE of the Residential Tenancies Act 1997 arising out of a notice to vacate under section 248, 282, 307 or 498ZX(1)(l) of that Act must be accompanied by a copy of the order of the Tribunal with which it is alleged the tenant or resident has failed to comply.

Rule 8.07(8) amended by S.R. No. 145/2019 rule 14(6).

    (8)     An application under Division 1 of Part 7 or Division 11 of Part 12A of the  Residential Tenancies Act 1997 (possession order) must be accompanied by a copy of any notice to vacate or notice of intention to vacate given in respect of the rented premises, room, site or caravan (as the case requires).

    (9)     A request for determination under section 339 of the Residential Tenancies Act 1997 must—

        (a)     be verified by affidavit; and

        (b)     be accompanied by a copy of the notice to vacate given in respect of the rented premises.

    (10)     In addition to the requirements of subrule (9), a request for determination relating to a notice to vacate under section 261 of the Residential Tenancies Act 1997 must be accompanied by—

        (a)     a copy of the tenancy agreement relating to the rented premises; and

        (b)     a copy of the notice given in accordance with section 337(1) and (2) of that Act.

    (11)     An application under section 374 of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice to leave given under section 368 of that Act.

    (12)     An application under section 414(1) of the Residential Tenancies Act 1997 (unpaid rent on abandonment) must—

        (a)     be verified by affidavit; and

        (b)     be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.

    (13)     In addition to the requirements of rule 8.08(7), an application under section 416 of the Residential Tenancies Act 1997 must—

        (a)     set out the name and address of the landlord; and

        (b)     if the landlord has given an electronic address for service, set out that electronic address;

        (c)     be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.

    (14)     In addition to the requirements of rule 8.08(8), an application under section 417 of the Residential Tenancies Act 1997 made in circumstances referred to in section 418 of that Act or on the grounds set out in section 419 of that Act, must be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.

    (15)     An application by a landlord under section 417 of the Residential Tenancies Act 1997 to the Tribunal made in circumstances referred to in section 419(1) of that Act must be accompanied by—

        (a)     if paragraph (a), (b) or (c) of section 419(1) is applicable, a copy of the condition report prepared in respect of the rented premises under section 35, 97 or 148 of that Act; and

        (b)     a copy of any quotation, account or receipt on which the landlord relies to prove the claim.

Rule 8.07(15A) inserted by S.R. No. 145/2019 rule 14(7).

    (15A)     An application under section 498ZZF of the Residential Tenancies Act 1997 (possession order for an SDA enrolled dwelling) must be accompanied by a copy of any court order which shows the mortgagee's entitlement to possession and to exercise a power of sale.

Rule 8.07(15B) inserted by S.R. No. 145/2019 rule 14(7).

    (15B)     An application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 (order to vacate) must be accompanied by a copy of the notice to vacate or notice of intention to vacate (as the case requires) in respect of the supported residential service.

Rule 8.07(15C) inserted by S.R. No. 145/2019 rule 14(7).

    (15C)     An application under section 82 or 83 of the Disability Act 2006 (notice to vacate and possession order) must be accompanied by a copy of the notice to vacate or notice of intention to vacate (as the case requires) in respect of the group home.

    (16)     An application referred to in this rule or a document required to be lodged under this rule may be lodged by—

        (a)     electronic communication; or

        (b)     post.

    (17)     Despite subrule (16), the Tribunal may request a person required to lodge a document under this rule to lodge the document by electronic communication.



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