GuaranteesOnRecord

All subjects

Small claims

27 established claims - 6 refused by the grounding gate

Documented position16

What the body that runs or defines the thing says in its own documentation.

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The Victorian Civil and Administrative Tribunal states that disputes about products and services a person bought or sold are heard in VCAT's Civil Claims List.

other
1 quote from 1 source
Disputes about products and services you bought or sold are heard in VCAT's Civil Claims List.
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The Victorian Civil and Administrative Tribunal describes its goods and services jurisdiction as covering…

  • consumer disputes.
  • small claims about products and services a person bought or sold.
other
1 quote from 1 source
Consumer disputes and small claims about products and services you bought or sold.
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The Victorian Civil and Administrative Tribunal states that a goods and services applicant must generally apply within six years of the dispute.

other
1 quote from 1 source
Generally you must apply within six years of the dispute.
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The Victorian Civil and Administrative Tribunal states that a claim to revoke the sale of a car bought for less than $40,000 must be made within 3 months of the purchase date.

other
1 quote from 1 source
If your claim is to revoke the sale of a car bought for less than $40,000, you must make the claim within 3 months of the purchase date.
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The Victorian Civil and Administrative Tribunal states that its power to cancel the sale of a car bought for less than $40,000 comes from the Motor Car Traders Act 1986.

other
2 quotes from 1 source
Cancel the sale of a car I bought for less than $40,000
This is under the Motor Car Traders Act 1986.
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The Victorian Civil and Administrative Tribunal states that it cannot help with cases heard under federal law instead of Victorian law.

other
2 quotes from 1 source
What we can't help with
heard under federal law instead of Victorian law
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The Victorian Civil and Administrative Tribunal states that it cannot help with some cases where one party…

  • lives in another state.
  • is a Commonwealth government organisation.
other
2 quotes from 1 source
What we can't help with
one party lives in another state or is a Commonwealth government organisation
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The Victorian Civil and Administrative Tribunal states that its fees are set by the Victorian Government.

other
1 quote from 1 source
Fees are set by the Victorian Government and are updated on 1 July each year.
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The Victorian Civil and Administrative Tribunal states that its fees are set by the Victorian Civil and Administrative Tribunal (Fees) Regulations 2026.

other
2 quotes from 1 source
Our fees are set by the
Victorian Civil and Administrative Tribunal (Fees) Regulations 2026
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The Victorian Civil and Administrative Tribunal states that after it accepts an application in the Civil Claims List it sends a VCAT order setting a timetable for when parties need to send it supporting documents about the case.

other
1 quote from 1 source
after we accept an application in the Civil Claims List, we send a VCAT order that sets a timetable for when you need to send us supporting documents about your case.
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The ACCC's documented position on small claims is that only the courts can make formal decisions on whether a person or business has breached the law.

other
1 quote from 1 source
We don’t make formal decisions on whether a person or business has breached the law as only the courts can do this.
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the ACCC states that it does not provide legal advice on consumers' rights and obligations under the law.

other
1 quote from 1 source
We don't provide legal advice on your rights and obligations under the law.
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The ACCC states that small claims…

  • have no relevant tribunal in Western Australia.
  • can be dealt with by the Magistrates' Court in Western Australia when the total claim does not exceed $75,000 including costs.
other
1 quote from 1 source
There is no relevant tribunal in Western Australia, however the Magistrates’ Court can deal with cases where the total claim does not exceed $75,000 (including costs).

Practical effect4

What is observed to happen in practice, as distinct from what is documented.

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The ACCC states that…

  • each state has a small claims court or tribunal.
  • a small claims court or tribunal in each state hears cases about consumer issues.
other
1 quote from 1 source
Each state has a small claims court or tribunal that hears cases about consumer issues.
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The ACCC states that there is usually a fee involved for taking an issue to a small claims tribunal.

other
1 quote from 1 source
There is usually a fee involved for taking an issue to a small claims tribunal.
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The ACCC reports that recent wait times at VCAT are up to one and a half years.

other
1 quote from 1 source
Many tribunals have long wait times. As an example, reports indicate recent wait times at VCAT are up to one and a half years.

Changed on1

A dated change. This is where advice quietly stops being true.

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The Victorian Civil and Administrative Tribunal states that its fees are updated on 1 July each year.

other
1 quote from 1 source
Fees are set by the Victorian Government and are updated on 1 July each year.

Disputed between sources2

Sources that do not agree, presented without picking a winner.

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  • The ACCC states that each state has a small claims court or tribunal that hears cases about consumer issues
  • Sprintlaw states that in Victoria there is not a separate Small Claims Court
other
2 quotes from 2 sources
Each state has a small claims court or tribunal that hears cases about consumer issues.
In Victoria, there isn’t a separate “Small Claims Court”.

Repeated, with no primary source in reach4

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

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Sprintlaw states that the civil jurisdiction of the Magistrates' Court of Victoria commonly covers claims up to $100,000.

other
1 quote from 1 source
the civil jurisdiction of the Magistrates’ Court commonly covers claims up to $100,000
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Sprintlaw states that, for small claims, a VCAT order for payment usually needs to be certified in a court before court enforcement processes can be used.

other
1 quote from 1 source
if you obtain a VCAT order for payment, you’ll usually need to have that order certified in a court before you can use court enforcement processes.
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  • Sprintlaw states that many simple unpaid business-to-business invoices fall outside small claims.
  • Sprintlaw states that a dispute sitting squarely in small claims' consumer/trader or fair trading jurisdiction does not fall outside small claims.
other
1 quote from 1 source
Many simple unpaid B2B invoices fall outside VCAT unless the dispute sits squarely in its consumer/trader or fair trading jurisdiction.

Refused6

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

The Victorian Civil and Administrative Tribunal states that myVCAT is free to use for all applicants and respondents who are parties to a goods and services application lodged on or after 6 December 2023.

Refused: The quote says 'It's free to use' but does not identify that 'It' refers to myVCAT.

Unsupported: myVCAT

What it rested on
It's free to use for all applicants and respondents who are parties to a goods and services application lodged on or after 6 December 2023.

The Victorian Civil and Administrative Tribunal splits its goods and services application fee for claims under the Australian Consumer Law and Fair Trading Act 2012 into a band at or below $15,000 and a band above it.

Refused: The quotes show two application categories based on $15,000 but do not mention that Act or application fee.

Unsupported: under the Australian Consumer Law and Fair Trading Act 2012

What it rested on
Application not for a sum, or for a sum that is not more than $15,000
Application for a sum that is not specified or is more than $15,000

Small claims are unlikely to be successfully pursued by consumers through tribunals without legal assistance and the capacity to fund an expert mechanical report.

Refused: The quote says consumers generally are unlikely to succeed in pursuing a remedy through tribunals, but does not state or entail that the claims are 'small.'

Unsupported: Small claims

What it rested on
Many reports suggest that consumers are unlikely to be successful in pursuing a remedy through tribunals without legal assistance and the capacity to fund an expert mechanical report.

The ACCC reports that, in small claims, tribunals may expect consumers to compromise on their Australian Consumer Law rights during the mandatory conciliation stage of tribunal processes.

Refused: The quote does not mention small claims; it refers to tribunal processes generally.

Unsupported: in small claims

What it rested on
Tribunals may interpret law differently to established court precedent, and may expect consumers to compromise on their ACL rights during the mandatory conciliation stage of tribunal processes.

In small claims, even where a consumer receives a favourable tribunal outcome, the compensation awarded may not cover the full costs of repairs, legal costs, and any independent mechanical expert reports.

Refused: The quote parallels the rest of the claim but does not state it applies in small claims or to a tribunal outcome.

Unsupported: In small claims ... favourable tribunal outcome

What it rested on
Even if a consumer receives a favourable outcome, the compensation awarded may not cover the full costs of repairs, legal costs and any independent mechanical expert reports.

The ACCC reports that the Consumer Policy Research Centre found there can be more than 60 steps involved for a consumer to get a successful outcome in small claims, even in a straightforward VCAT matter.

Refused: The quote says a straightforward VCAT matter but does not state 'small claims,' so that specific detail is not established.

Unsupported: in small claims

What it rested on
In 2023, the Consumer Policy Research Centre (CPRC) conducted research with support from the Consumer Action Law Centre (CALC) into the consumer experience of faulty cars in Victoria. The report found that there can be more than 60 steps involved for a consumer to get a successful outcome even in a straightforward VCAT matter