The Magistrates’ Court of Victoria now hears federal jurisdiction proceedings under Part 3A of the Victorian Civil and Administrative Tribunal Act 1998.

Amended legislation came into effect from 29 November 2021, following a Victorian Court of Appeal decision preventing the Victorian Civil and Administrative Tribunal (VCAT) from exercising federal jurisdiction.

When does federal jurisdiction apply?

Federal jurisdiction applies in a number of situations, including:

• Between states, residents of different states or a state, and residents of another state

• Where the Commonwealth is suing or being sued

• Involving the Constitution or its interpretation

• Under any laws made by the Commonwealth Parliament.

For example, it often arises in residential tenancies proceedings where a rental provider resides interstate.

There is no federal jurisdiction problem if the proceedings involve a corporation, a state political entity, a resident of a territory, or a resident of another country.

For agents lodging an application on behalf of an owner, we do not need to lodge the matter with VCAT first, we may now apply directly to the Magistrates’ Court.

How do I lodge an application?

To lodge an application, an owner or agent must file a Form 10A Complaint or Summons and, if applicable, an accompanying annexure - For example, if the matter involves the Residential Tenancies Act 1997, the form must be lodged with a Residential Tenancies Annexure.

What if the respondent lives interstate?

If the respondent lives interstate, the owner/agent must comply with the Service and Execution of Process Act 1992 and serve the respondent with a Form 1 Notice to the defendant.

Any fees for an application to the Magistrates’ Court of Victoria Federal Jurisdiction will be equivalent to those at VCAT.

The suburb of Pakenham is popular with investors and renters. Image: 8 Murchison Link, Pakenham

This brings an end to many months of limbo whereby any matter including an interstate party could not be heard at VCAT or anywhere else. Undoubtedly, there will be a backlog of matters that will now be applied to and heard at the Magistrates Court.