Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 108

Settlement of consumer and trader disputes or small claims

108. Settlement of consumer and trader disputes or small claims





(1) The Tribunal may hear and determine a consumer and trader dispute.



(2) The Tribunal may do one or more of the following in relation to a consumer
and trader dispute-

   (a)  refer a dispute to a mediator appointed by the Tribunal;

   (b)  order the payment of a sum of money-

   (i)  found to be owing by one party to another party;

   (ii) by way of damages (including exemplary damages and damages in the
        nature of interest);

   (iii) by way of restitution;

   (c)  vary any term of a contract;

   (d)  declare that a term of a contract is, or is not, void;

   (e)  order the refund of any money paid under a contract or under a void
        contract;

   (f)  make an order in the nature of an order for specific performance of a
        contract;

   (g)  order rescission of a contract;

   (h)  order rectification of a contract;





        (i)    declare that a debt is, or is not, owing;





   (j)  order a party to do or refrain from doing something.

Example: If the supplier has default listed the purchaser with a credit
reference agency in relation to a perceived debt owing, the Tribunal, in
addition to declaring that there is no debt owing, may order the supplier to
contact the credit reference agency and have the default listing removed from
the purchaser's credit record.

(3) In awarding damages in the nature of interest, the Tribunal may base the
amount awarded on the interest rate fixed from time to time under section 2 of
the Penalty Interest Rates Act 1983 or on any lesser rate it thinks
appropriate.