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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2018 - SCHEDULE 2

Schedule 2—Forms

Form 1—Summons to appear

Victorian Civil and Administrative Tribunal Rules 2018

Rule 4.19

VICTORIAN CIVIL AND ADMINISTRATIVE     20 No.
TRIBUNAL     Registry

Applicant—

Respondent—

SUMMONS TO APPEAR

To:

Name—

Address—

You are summoned pursuant to section 104 of the Victorian Civil and Administrative Tribunal Act 1998 to appear before the Victorian Civil and Administrative Tribunal at [ address of Tribunal ] at a.m./p.m. on [ date ], or, if notice of a later day is given to you by the Tribunal [ or identify party seeking the attendance of the person summoned ] or the solicitor for that party, the later day, and until you are excused from further attending

*to give evidence; and

*to produce the following documents—

Principal registrar

Date—

This summons has been issued at the—

*request of the applicant;

*request of the respondent;

*direction of the principal registrar;

*direction of the Tribunal.

*Delete if inapplicable.

Note :

    1.     Certain fees and allowances are payable to a witness.

    2.     Failure to attend at the time and place specified above without reasonable excuse may render you liable to imprisonment, a fine, or both, as well as a daily penalty until you attend or produce the document as required, under section 134 of the Victorian Civil and Administrative Tribunal Act 1998 .

    3.     The Tribunal may direct your apprehension if you fail to attend.

Form 2—Arrest warrant

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Rules 2018

Rule 4.26

ARREST WARRANT

TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA

Arrest [ Name ] and bring him or her before the Victorian Civil and Administrative Tribunal forthwith to answer a charge of contempt of the Tribunal as follows [ insert details of the charge ], and if it is not practicable to bring him or her before the Tribunal forthwith, detain him or her in custody, and when it is practicable to bring him or her before the Tribunal, do so forthwith.

Dated

President or Vice President
( as the case requires )

Form 3—Warrant of committal

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Rules 2018

Rule 4.27

WARRANT OF COMMITTAL

TO ALL MEMBERS OF THE POLICE FORCE OF THE STATE OF VICTORIA

AND TO THE GOVERNOR OF THE PRISON AT [ PLACE ]

[ Name ]

of [ Place ]

has this day been found guilty of contempt of the Victorian Civil and Administrative Tribunal as follows [ insert details of the contempt ] and ordered by the Tribunal to be imprisoned for a term of [ period ]—

You the members of the Police Force are authorised and required to take the person to the abovementioned prison and deliver the person to the Governor of that prison together with this warrant.

And you the Governor of the abovementioned prison are authorised and required to receive the person into your custody in the prison and to imprison the person for the term specified above.

Dated

President

Form 4—Notice (under section 346 of the Residential Tenancies Act 1997)
to occupant to appear before Tribunal

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Rules 2018

Rule 8.11

NOTICE (UNDER SECTION 346 OF THE RESIDENTIAL TENANCIES ACT 1997 ) TO OCCUPANT TO APPEAR BEFORE TRIBUNAL

Address of premises—

    1.     Take notice that the Victorian Civil and Administrative Tribunal has ordered the occupants of the above premises to appear before the Tribunal sitting at on the day of at a.m./p.m. to show cause why a warrant of possession should not be issued.

    2.     Take notice that it has been stated that the occupants of the premises include ( Names )

    but that THIS ORDER APPLIES TO ALL OCCUPANTS OF THE ABOVE PREMISES, WHETHER NAMED OR NOT.

Date:

Principal Registrar

NOTE:     Failure to appear may result in the issue of a warrant of possession of the above premises.

Sch. 2 Form 5 amended by S.R. Nos 125/2020 rule 21, 114/2021 rule 12, 27/2024 rule 10(1).

Form 5—Warrant of possession

Victorian Civil and Administrative Tribunal Rules 2018

Rule 8.12

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Registry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

WARRANT OF POSSESSION

TO:     *OFFICER IN CHARGE, POLICE STATION at [ place ], or

*[ Name of authorised person ]

TAKE NOTICE that on [ date ] the Victorian Civil and Administrative Tribunal ordered that the *renter/*resident/*site tenant vacate *rented premises/*a room and rooming house/*a building/*a site or caravan at—

[ insert details ]

AND that a warrant of possession issue, to be executed within [ insert number of days, not to exceed 30 ] days after the date of issue.

YOU are authorised, from the day this warrant is issued to [ insert date warrant is to be executed by ] inclusive—

        (a)     to enter the *rented premises / *room and rooming house/*building/*site or caravan, by force if necessary; and

        (b)     with such assistance as is necessary—

              (i)     to compel all persons for the time being occupying the *rented premises/*room (other than a shared room)/*building/*site or caravan to vacate and give possession of them to the applicant; or

              (ii)     to compel any person named in the possession order to vacate a shared room.

NOTES

    1.     Section 355(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from rented premises or a room in a rooming house or a site or caravan.

    2.     Section 355(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—

        (a)     between the hours of 6 p.m. and 8 a.m.; or

        (b)     on a Sunday or public holiday.

    3.     Despite note 1, section 360 of the Residential Tenancies Act 1997 provides for the sheriff, after a warrant of possession has been returned to the principal registrar, to remove a caravan and any goods of value in it from a caravan park and to store the caravan and goods in a safe place.

Date of issue—[ date ]

[ Signed ]

Principal Registrar

*delete if inapplicable

Form 6—Warrant of possession—
Disability Act 2006

Victorian Civil and Administrative Tribunal Rules 2018

Rule 8.13

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Registry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

WARRANT OF POSSESSION— DISABILITY ACT 2006

TO:     *OFFICER IN CHARGE, POLICE STATION at [ place ], or

*[ Name of authorised person ]

TAKE NOTICE that on [ date ] the Victorian Civil and Administrative Tribunal ordered that the resident vacate a room at—

[ insert details ]

AND that a warrant of possession issue.

YOU are authorised, within [ insert number of days, not to exceed 30 ] days of the day on which this warrant was issued—

        (a)     to enter the room and group home, by force if necessary; and

        (b)     with such assistance as is necessary, to compel all persons for the time being occupying the room to vacate the room and the group home and give possession of them to the applicant.

NOTES

    1.     Section 85B(3) of the Disability Act 2006 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from the room or group home.

    2.     Section 85B(4) of the Disability Act 2006 provides that entry under a warrant of possession must not be made—

        (a)     between the hours of 6 p.m. and 8 a.m.; or

        (b)     on a Sunday or public holiday.

Date of issue—[ date ]

[ Signed ]

Principal Registrar

*delete if inapplicable

Sch. 2 Form 7 inserted by S.R. No. 145/2019 rule 18, amended by S.R. No. 27/2024 rule 10(2).

Form 7—Warrant of possession—SDA enrolled dwelling

Victorian Civil and Administrative Tribunal Rules 2018

Rule 8.12A

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Registry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

WARRANT OF POSSESSION—SDA ENROLLED DWELLING

TO:

*OFFICER IN CHARGE, POLICE STATION at [ place ], or

*[ Name of authorised person ]

TAKE NOTICE that on [ date ] the Victorian Civil and Administrative Tribunal ordered that the SDA resident vacate the SDA enrolled dwelling at—

[ insert details ]

AND that a warrant of possession issue, to be executed within [ insert number of days, not to exceed 30 ] days after the date of issue.

YOU are authorised, from the day this warrant is issued to [ insert date warrant is to be executed by ] inclusive—

        (a)     to enter the area or room and SDA enrolled dwelling, by force if necessary; and

        (b)     with such assistance as is necessary, to compel all persons for the time being occupying the area or room to vacate the area or room and the SDA enrolled dwelling and give possession of them to the applicant.

NOTES

    1.     Section 498ZZR(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from an SDA enrolled dwelling.

    2.     Section 498ZZR(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—

        (a)     between the hours of 6 p.m. and 8 a.m.; or

        (b)     on a Sunday or public holiday.

Date of issue—[ date ]

[ Signed ]

Principal Registrar

*delete if inapplicable



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