VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 115C Presumption of order for reimbursement of fees to successful party in certain proceedings

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 115C

    (1)     This section applies to the following proceedings—

        (a)     a proceeding relating to a small claim within the meaning of Part 2AB of Schedule 1;

        (b)     a proceeding under the Domestic Building Contracts Act 1995 ;

        (c)     a proceeding under the Owners Corporations Act 2006 , other than a proceeding on an application for review under section 191 of that Act;

S. 115C(1)(d) repealed by No. 3/2016 s. 15, new s. 115C(1)(d) inserted by No. 38/2017 s. 72.

        (d)     a proceeding under section 114, 120 or 149A of the Planning and Environment Act 1987 ;

        (e)     a proceeding of a kind prescribed by the regulations for the purposes of this section.

    (2)     Subject to subsection (3), a party who has substantially succeeded against another party in a proceeding to which this section applies is entitled to an order under section 115B that the other party reimburse the successful party the whole of any fees paid by the successful party in the proceeding.

    (3)     Subsection (2) does not apply if the Tribunal orders otherwise, having regard to—

        (a)     the nature of, and issues involved in, the proceeding; and

        (b)     the conduct of the parties (whether occurring before or during the proceeding), including whether the successful party has caused unreasonable delay in the proceeding or has failed to comply with an order or direction of the Tribunal without reasonable excuse.

    (4)     In this section—

"successful party", in relation to a proceeding, means a party who has substantially succeeded against another party in the proceeding.

S. 115CA inserted by No. 62/2014 s. 36.