AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 184 Settlement of consumer and trader disputes or small claims

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 184

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

    (2)     VCAT 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 VCAT;

        (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)     make an order for the possession of land.

        (k)     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, VCAT, 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)     The power to make an order under subsection (2)(j) may only be exercised by a judicial member of VCAT.

    (4)     In awarding damages in the nature of interest, VCAT 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.