How do I take it further if they will not fix it?
27 quoted answers, each with its source
The short answer
In Victoria, consumer disputes and small claims about products or services a person bought or sold are heard in VCAT's Civil Claims List; applicants generally must apply within six years of the dispute, and a claim to revoke the sale of a car bought for less than $40,000 must be made within three months of the purchase date. VCAT cannot help with cases heard under federal law instead of Victorian law, and in some cases where one party lives in another state or is a Commonwealth government organisation. The ACCC says each state has a small claims court or tribunal for consumer issues, but its guidance also says there is no relevant tribunal in Western Australia, where the Magistrates' Court can deal with claims not exceeding $75,000 including costs; in Victoria there is not a separate Small Claims Court. A VCAT payment order usually needs to be certified in a court before enforcement, many simple unpaid business-to-business invoices fall outside VCAT unless the dispute sits squarely in its consumer/trader or fair trading jurisdiction, and only the courts can make formal decisions on whether a breach of the law occurred.
Every part of this comes from the quotes below. How we write these.
What the rules actually say16
Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.
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.
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.
- Where to go for consumer help | ACCC accc.gov.au
the ACCC states that it does not provide legal advice on consumers' rights and obligations under the law.
1 quote from 1 source
We don't provide legal advice on your rights and obligations under the law.
- Where to go for consumer help | ACCC accc.gov.au
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.
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).
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.
1 quote from 1 source
Disputes about products and services you bought or sold are heard in VCAT's Civil Claims List.
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.
1 quote from 1 source
Consumer disputes and small claims about products and services you bought or sold.
The Victorian Civil and Administrative Tribunal states that a goods and services applicant must generally apply within six years of the dispute.
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.
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.
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.
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.
The Victorian Civil and Administrative Tribunal states that it cannot help with cases heard under federal law instead of Victorian law.
2 quotes from 1 source
What we can't help with
heard under federal law instead of Victorian law
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.
2 quotes from 1 source
What we can't help with
one party lives in another state or is a Commonwealth government organisation
The Victorian Civil and Administrative Tribunal states that its fees are set by the Victorian Government.
1 quote from 1 source
Fees are set by the Victorian Government and are updated on 1 July each year.
The Victorian Civil and Administrative Tribunal states that its fees are set by the Victorian Civil and Administrative Tribunal (Fees) Regulations 2026.
2 quotes from 1 source
Our fees are set by the
Victorian Civil and Administrative Tribunal (Fees) Regulations 2026
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.
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.
Practical effect4
What is observed to happen in practice, as distinct from what is documented.
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.
1 quote from 1 source
Each state has a small claims court or tribunal that hears cases about consumer issues.
- Where to go for consumer help | ACCC accc.gov.au
The ACCC states that there is usually a fee involved for taking an issue to a small claims tribunal.
1 quote from 1 source
There is usually a fee involved for taking an issue to a small claims tribunal.
- Where to go for consumer help | ACCC accc.gov.au
The ACCC reports that recent wait times at VCAT are up to one and a half years.
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.
The Victorian Civil and Administrative Tribunal states that its fees are updated on 1 July each year.
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.
- 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
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”.
Often said, but we could not find it in the rules4
Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.
Sprintlaw states that the civil jurisdiction of the Magistrates' Court of Victoria commonly covers claims up to $100,000.
1 quote from 1 source
the civil jurisdiction of the Magistrates’ Court commonly covers claims up to $100,000
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.
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.
- 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.
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.