Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 187

Exclusion of other jurisdiction

    (1)     Once an application has been made to VCAT in accordance with the Victorian Civil and Administrative Tribunal Act 1998 in respect of a consumer and trader dispute or in respect of any other matter in respect of which VCAT has jurisdiction under this Act, the issues in dispute are not justiciable at any time by a court unless—

        (a)     the proceeding in that court was commenced before the application to VCAT was made and that proceeding is still pending; or

        (b)     the application to VCAT is withdrawn or struck out for want of jurisdiction; or

        (c)     VCAT refers the proceeding to that court under section 77 of the Victorian Civil and Administrative Tribunal Act 1998 .

    (2)     Subsection (1) applies to all the issues in dispute, whether as shown in the application or emerging in the course of the proceeding in VCAT.



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