Victorian Numbered Acts Victorian Numbered Acts(1) This section applies if a person—
(a) commences proceedings in a court; and
(b) the proceedings arise wholly or predominantly from a consumer and trader dispute or are other proceedings in respect of which VCAT has jurisdiction under this Act.
(2) The court must stay the proceedings if—
(a) the proceedings could be heard by VCAT under this Act; and
(b) the court is satisfied that the proceedings would be more appropriately dealt with by VCAT.
(3) In determining whether proceedings would be more appropriately dealt with by VCAT, the court must consider—
(a) whether, having regard to the likely costs and duration of the proceedings and any other matters the court considers relevant, a party is reasonably likely to gain a material advantage if the proceedings are determined by VCAT; and
(b) whether that advantage is outweighed by a material disadvantage that would be reasonably likely to be suffered by another party if the proceedings were determined by VCAT.
(4) If proceedings are stayed under this section, any party to the proceedings may apply to VCAT for an order with respect to the dispute or matter on which the proceedings were based.
(5) If a person applies to VCAT under subsection (4) VCAT must notify the court and on such notification the court must dismiss the proceedings.
(6) Subsection (5) does not apply if VCAT refers the matter to the court under section 77(3) of the Victorian Civil and Administrative Tribunal Act 1998 .