Disputes involving interstate residents
If you have a dispute with your landlord (officially called the rental provider), and one or both of you lives interstate, there are options for resolving the dispute in Victoria.
Going to VCAT to resolve an interstate dispute
Generally, if you or your landlord live interstate, the Victorian Civil and Administrative Tribunal (VCAT) cannot hear your dispute.
VCAT may be able to hear your dispute if:
- You and your landlord live in the same Australian state
- You or your landlord live in the Australian Capital Territory or the Northern Territory
- You or your landlord live overseas
- You or your landlord is a company – not an individual
- Homes Victoria is your landlord (rental provider) in the dispute
VCAT does not hear disputes about bonds, compensation, rent increases or repairs. These types of disputes go to Rental Dispute Resolution Victoria (RDRV).
Going to RDRV to resolve an interstate dispute
If you or your landlord live interstate and have a dispute about bonds, compensation, rent increases or repairs, either of you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve it.
RDRV is a free service that helps resolve rental disputes through mediation. A resolution coordinator guides discussion between you and your landlord as you try to reach an agreement that is fair.
If you cannot reach an agreement at RDRV, or if your dispute is about something other than bonds, compensation, rent increases or repairs, you will need to go to the Magistrates’ Court of Victoria to resolve the dispute.
Agreements made at RDRV are not legally binding and cannot be enforced by VCAT if you or your landlord later changes your mind. However, if you reach an agreement at RDRV, you or your landlord may be able to apply to register the agreement in the Magistrates’ Court. The Magistrates’ Court can then formalise the agreement and make it enforceable.
Going to the Magistrates’ Court to resolve an interstate dispute
If you and your landlord reach agreement at RDRV, the Magistrates’ Court of Victoria may formalise the agreement into an enforceable order. This applies even if there are multiple renters or landlords on the lease (officially called the rental agreement) and only one lives interstate.
If you cannot reach an agreement at RDRV, you will need to apply to the Magistrates’ Court to resolve the dispute.
You can also decide to skip RDRV and apply directly to the Magistrates’ Court to resolve your dispute.
You cannot apply to the Magistrates’ Court if:
- You or your landlord live in the Northern Territory or the Australian Capital Territory
- You or your landlord live overseas
- You or your landlord is a company – not an individual
- Your landlord (rental provider) is Homes Victoria
In these circumstances, the dispute can be heard at VCAT.
Your rights
Generally, you have the same rights and responsibilities you would have if the application went to VCAT. The same limitations that apply to VCAT also apply to the Magistrates’ Court.
Time limits
If there is a time limit for an application to be made to VCAT, that same limit will apply to an application made to the Magistrates’ Court.
The same time limits also apply to both VCAT and the Magistrates’ Court hearing applications. For example, applications relating to personal or family violence must be heard within 3 business days.
However, the time limit to make or to hear an application can be extended if the application is incorrectly made to VCAT and then has to be remade to the Magistrates’ Court. Where the application relates to something that should be heard quickly, such as an application to get urgent repairs done, the Magistrates’ Court will hear it as soon as possible.
Fees and costs
The fee to apply to the Magistrates’ Court is the same as the fee to apply to VCAT. Find out more about the VCAT application fee on our page on going to VCAT.
The Magistrates’ Court can only make orders about costs or about reimbursing fees if those orders would have been made by VCAT if it was hearing the dispute.
Fee waivers
You are eligible to have the application fee waived if you hold a Health Care Card.
If you are experiencing financial hardship, but do not hold a Health Care Card, complete the ‘Application for civil fee waiver and affidavit of financial circumstances’ form from the Magistrates’ Court website. Send it to the court with your application.
If you need more information about the fee waiver process, contact the court’s self-represented litigant coordinators at srlcoordinator@courts.vic.gov.au
How to apply to the Magistrates’ Court
For more information on the application process or to apply to the Magistrates’ Court, see the ‘Federal Jurisdiction’ page on the court’s website, which sets out proceedings between residents of different states that cannot be heard at VCAT. This page includes the forms for applying to the court.
If you do not have a lawyer and need more information about the process after reading the Magistrates’ Court website, you can contact the court’s self-represented litigant coordinators at srlcoordinator@courts.vic.gov.au
If you need legal advice about your rights, contact Tenants Victoria.