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Victorian Civil and Administrative Tribunal [VCAT] Complaints 16

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Victorian Civil and Administrative Tribunal [VCAT] Kim knights - vcat member - with potential cognitive impairment

I have a simple case against VBCS, with clear evidence & breaches clearly stated in the Act. Would not recommend VBCS to my worst enemy.

My case has been going on for the past 2 years. Yes, something that can be explained to a common man within 5 minutes has been on going for the whole 2 years & is still ongoing!

I'd say all VCAT members have demonstrated lack of common sense & care but Kim Knights has particularly stood out for all the wrong reasons.

At my first preliminary hearing she clearly stated that she will not be asking for any evidence at the next hearing but when the next hearing came she asked me for the evidence, of course i did not have it on me right away & had to go through hundreds of emails first, as 6 years of evidence is a lot to present.

Then ignoring that fact that she has mislead me & it was she who made a mistake, she ruled out my point of claim due to a 'lack of evidence'. While I have a ton of it. She has also wasted a lot of time during the hearing by being confused, proceeded to adjourn the hearing & charged me a $271 fee.

Just to add, that I have already printed & emailed hundreds of dollars worth of proof & did not want to waste more money unnecessarily so I was following precise orders in order to avoid more waste.

She then proceeded to appear to be very, very confused with my straight forward points of claim. In all due respect, not to be nasty, but to speak the truth, but at this point I thought that this individual had cognitive impairment due to age or drinking, or perhaps she was a retired volunteer without legal qualifications. So I started to explain things to her as i would to a 5 year old.

After the biggest waste of time VCAT hearing, I researched her back ground on google & it turns out that this woman is a qualified barrister with all the privileges to assist & clarify any case. Basically if she wanted to help, she had full capacity to. But no, not this individual. She instead chose to manipulate the hearing to her advantage to get it over with, she was consistently 'confused' & dismissive, blaming me for everything i did not do.

The arrogance of this person at the hearing was unprecedented, the way she responded to my most basic claims was an eye opener to pure ignorance & evil i would say.

To turn the blame on an innocent person who has contributed time, effort & money freely (without charge) to a body corporate is just wrong.

VBCS has allowed our chairperson to do demolition & maintenance without any votes from committee, qualifications or any finances has turned into a circus. As the saying goes, 'You think it's expensive to hire a pro? Try hiring an amateur!"

After they've spend all our non-existent budged, our common area looks worse then before; cheap, seriously defective & amateur.

What ever this unqualified 'maintenance man' did broke within a week & for the past 6 years has not been repaired. Example: he installed 13 lights (yes, without any qualifications) & these lights stay on during the day. Imagine how much wasted electricity we have now accumulated over the past 6 years with these lights being on the whole time.

Ive emailed VBCS to fix it but it's still not done & VCAT member Knights appears to be confused by this simple claim.

So now i've realised that VCAT are complete imbeciles & this organisation needs to be shut down to save tax payers money. Ive decided to simply do what i like too, they don't seem to have any brains or power do to anything, even the things they were supposed to be doing.

There is another complaint that says that you can just ignore them & nothing will happen. This guy is right, do what you like, this organisation is a complete failure. If you are looking for justice, VCAT is the biggest waste of time.

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I am desperate for a decision in a vexatious sexual harassment case brought by someone who I have an IVO against, who's been arrested numerous times for breaching my IVO, who's now facing stalking charges as well as IVO breach charges. The complainant, Sara Irwin, is using VCAT's refusal to make a decision as a tool to try and obtain an IVO against me -...

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Victorian Civil and Administrative Tribunal [VCAT] vcat owners corporation list money trail - documented - vcat is corrupt

Obscured Conflict of Interest - See the attached image

1. OC managers takes OC trust account 'interest'
2. OC managers deposit interest to VIC Property Fund (Managed by middleman Consumer Affairs Vic)
3. Vic Property Fund give money to fully fund VCATOC list

Result - VCAT is fully funded by OC managers. Over 1 million every year!

VACT and Consumer Affairs Victoria wont take action action managers - now you know why!

See documented proof in attached images which reference VCAT's Annual reports, OC Act, SCA (OC managers association) newsletters.

And see article from The Age linked below.
https://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-20130205-2dwj0.html

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Update by DavidNotBoooming.
Jun 27, 2018 5:05 am EDT

Image in original post also shows 'conflicts of interest' in VCAT Residential Tenacies List, Domestic Building List, Legal Practice List and Guardianship List.

Update by DavidNotBoooming.
Jun 27, 2018 4:58 am EDT

That is "VCAT Owners Corporation List" is fully funded by Victorian Property Trust Fund

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Surry
Melbourne, AU
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Oct 31, 2022 6:56 am EDT

Liar and fabricator under oath. Money man.

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Is Victorian Civil and Administrative Tribunal [VCAT] Legit?

Victorian Civil and Administrative Tribunal [VCAT] earns a trustworthiness rating of 91%

Highly recommended, but caution will not hurt.

Our conclusion: After a detailed review, ComplaintsBoard finds Victorian Civil and Administrative Tribunal [VCAT] to be a trustworthy company. Although there's a 6% resolution rate for customer complaints, which deserves attention, Victorian Civil and Administrative Tribunal [VCAT] is known for their high standards and safety. If you're thinking about dealing with Victorian Civil and Administrative Tribunal [VCAT], it's wise to check how they handle complaints.

Vcat.vic.gov.au has a valid SSL certificate, which indicates that the website is secure and trustworthy. Look for the padlock icon in the browser and the "https" prefix in the URL to confirm that the website is using SSL.

Vcat.vic.gov.au has been deemed safe to visit, as it is protected by a cloud-based cybersecurity solution that uses the Domain Name System (DNS) to help protect networks from online threats.

Several positive reviews for Victorian Civil and Administrative Tribunal [VCAT] have been found on various review sites. While this may be a good sign, it is important to approach these reviews with caution and consider the possibility of fake or biased reviews.

However ComplaintsBoard has detected that:

  • While Victorian Civil and Administrative Tribunal [VCAT] has a high level of trust, our investigation has revealed that the company's complaint resolution process is inadequate and ineffective. As a result, only 6% of 16 complaints are resolved. The support team may have poor customer service skills, lack of training, or not be well-equipped to handle customer complaints.
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Victorian Civil and Administrative Tribunal [VCAT] vcat - "responsible to no one and answerable to no one..."

VCAT - "Responsible to no one and answerable to no one..."

Read this letter sent to the principle registrar of VCAT by a resident from Knoxfield:

Dear VCAT,
I won’t be attending this hearing as I have already wasted too many days off work at previous VCAT hearings.

There is no point in putting in a written submission based on my own objections to this development as VCAT (Victorian Civil and Administrative Tribunal) have publically stated that concerns/objections by members of the public do not count and won’t be taken into consideration.

In every VCAT[1] case that I have been involved in across our local area the developer has always managed to have the council refusal overturned despite council rejecting their applications and many local residents posting valid objections.

The developers legal council are extremely well prepared and no expense is spared in the preparation of their case. They can hire lawyers & barristers to search every loophole and rubbish every legitimate objection by council and members of the public. They regularly submit revised plans at the VCAT hearing, at the last minute, to win favor in their cases (I have seen this on many occasions).

VCAT is not the unbiased umpire that it was originally intended to be. It is now a defacto planning approval body with no real interest or knowledge of the local area where these inappropriate developments will be built.

VCAT is responsible to no one and answerable to no one.

If VCAT were truly unbiased then the majority of rulings would confirm the local councils professional planning assessments. Instead we see the majority of council rejections overturned in favour of the developer despite them not meeting local council approval.

There is a huge public groundswell of resentment across Melbourne at the way developers can use VCAT to circumvent valid local council decisions and completely ignore local residents objections and concerns.

VCAT must be drastically overhauled before residents and councils can have any faith that it is a fair and just umpire in planning review decisions.

ABC news report on council anger at VCAT powers.

[1] [CAT stands for the Victorian Civil and Administrative Tribunal. It is supposed to dispense justice cheaply and democratically for Victorians. But it has become expensive, biased and corrupted to satisfy developers.

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Update by Billy99
Apr 05, 2017 8:42 am EDT

McDonalds at Tecoma an example of unwanted "planning"

The issue of the undemocratic and invasive building of McDonalds fast food outlet in Tecoma is a perfect example of VCAT's corrupt approvals, contrary to the interests of local communities. The people rejected and plans, along with their local MP and the Council. However, VCAT gave the green light, with no regard to the objections.
What's the point of a democratic government when "planning" has become corrupt and streamlined? It's all about the power of big businesses and property developers over the common sense and values of local communities - such as the one in the Dandenong Ranges.
Hundreds of locals met at the Burrinja Centre in nearby Upwey yesterday and pledged to continue to blockade the construction site and up their online campaign by appealing to Victorian politicians on Twitter.
"The Premier needs to get involved. If he was he could negotiate with McDonald's and they could bow out of this gracefully, " protest leader Mr Muratore said.
However, the Premier is hiding behind his office, and VCAT. He's failing to provide any leadership and courage.
McDonalds is using a non-union company to do the demolition, but they will use a union company for the construction. So, McDonalds is not built yet!
http://www.heraldsun.com.au/news/victoria/tecoma-mcdonald8217s-protesters-plan-next-move/story-fni0fit3-1226695104901

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Victorian Civil and Administrative Tribunal [VCAT] Their 'orders' are worthless

More 4 VCAT Victorian Civil and Administrative Tribunal are Absolute Toothless Tigers, big toothless CATs! their 'members' (aka wanna be judge but without the brains or the legal clout)are incapable of intelligent thought let alone deciphering law! they are also socialist dogs who are always on the side of the consumer ignoring basic law and contractual terms. Here is what you do if you have had order against you by them ignore it, and they go away BECAUSE they are NOT the judiciary they are not the law and ultimately have to rely on the courts to reinforce their 'orders' in other words they are A JOKE, and only set up as an administrative system pretending to be the law, the entire semi legal structure and style is frankly a joke- it is only a matter of time that people realise that it is nothing more than ineffective public wasting of our tax money, that organisation like VCAT, NCAT, QCAT and any other toothless cat will be laughing stock needing the government to pull the plug on yet another ineffective joke of an institution. What use is a ' semi legal' but not really juridical organisation anyway, its an administrative system to allow high paying jobs to useless 'members' that are in fact nothing more than a but without its powers. So rather than waste your time or even worry, ignore them and watch what happens; nothing! VCAT/NCAT/QCAT... ALL CATs missing teeth or capacity!:)

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Yellow Mellow
AU
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Jul 05, 2016 2:10 am EDT

Cash-tribunal for lawyer rejects and try-hards.
Infiltrated by 'conflicts of interest'. Cases decided on elements unrelated to natural justice.
Every legal person knows - VCAT smells
The silly & corrupt President sets the standard - get back to the barracks...

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12:40 am EDT

Victorian Civil and Administrative Tribunal [VCAT] Owners Corporation list - tips for self representing

Tips for self representing at VCAT’s Owners Corporation List

The VCAT Owners Corporation list is fully funded by the Victorian Property Fund, which in turn is funded by Real Estate Agents and Owners Corporation Managers.

Consequently a ‘conflict of interest’ exists. VCAT is certainly perceived as having a bias towards managers. They not only refuse to rule against managers and OC’s, but they protect them by coming down hard on any owner who dares to complain.

The linked article from The Age below, is only a small sample of the bias.

http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-20130205-2dwj0.html

However, if you decide to represent yourself against an Owners Corporation how can you ensure you get a fair go – well the fact is you can’t, but the following tips may help.

Agreeing to solicitor representing the OC: The members have the power to allow solicitor to represent managers. However, they will ask if you mind if the OC being represented. If you say you don’t mind then you are agreeing to the solicitor representing against you, then because you agreed to it this makes it easier for the member to order you to pay costs. (Yes, solicitors are not supposed to represent in cases under $10, 000, and Members are not supposed to order such legal costs against owners – but remember the laws are only a guide to VCAT members)

Financials: If you have previously voted to accept the financials then members will say you accepted them so you can’t now complain. A simple fact is that it’s not illegal to change your mind. If circumstances change that now show the financials do not add up, say that to the Member.

Voting, abstain from voting: Because of the above it’s best if you always abstain from any OC voting. Including financials and other issues.

Documents - how to get: Owners Corporation Managers are notorious for not providing OC document inspections as required by the OC Act. mbers are just as notorious for not ordering Managers to do so. This denies the owner viewing documents. To get documents quote the Corporation Act, “Section 144 etc”.

Documents: don’t let member charge you ridiculous fees to view/copy documents. By the Act you are allowed to inspect the documents at no charge. Take your own scanner or camera to copy documents.

Take a witness to inspect documents, otherwise the manager may claim he refused to show you documents because you became aggressive, or that he showed you all documents when he in fact refused. If you have these types of issues sigh an affidavit stating exactly what happened.

Confirm with the member what you should do if you don’t get documents. This way when you go back to VCAT complaining that the manager refused to show you documents, the member can’t abuse you for wasting time, because you are following their previous direction.

Don’t be fooled into believing you’re guilty: Member may intimidate you, and make you feel guilty. Once you start to doubt yourself you’re as good as done. Don’t be intimidated by Members ignoring or denying your claims, or gesturing and yelling at you.

Take a witness. This makes it harder for member to unfairly rule against you. But a warning, the member will try and discredit you in the eyes of the witness, and once he’s done that he will whitewash against you. You need a witness who is legal savvy. Someone who knows how VCAT works.

Don’t stay silent when the member makes significant claims against you, because this means you are effectively agreeing. They now become legal because you agreed.

OC opens with a mass of false irrelevant claims: OC solicitors may open with a list of insignificant and false claims, including details such as dates to upset the owner, The Member may play the game and stare the owner down at the same time. This is an attempt to upset you. Take notes, and answer each claim in turn. This will make the solicitor look foolish, and show the members that you are not his fool.

Member questioning Owners Corporation or its solicitor: To make it appear that no bias exists, Member will only ask the OC representative questions they know they can answer. For example they may seemingly demand copies of the VCAT application form, knowing full well that if the OC does not have a copy they the member will just that he has a copy in his file (The member will first look through his file and act surprised that they are in it).

Have the orders written properly. This is classic Barry Josephs. The member writes the orders in an obscured way then denies the orders at a latter hearing. For example he leaves off dates, detail, etc. Don’t trust members with orders – insist that they are written as stated.

Audio: Don’t think that if the member is blatantly ignoring law that you can get audio and appeal. Members audit hearing audio. This includes any silly claims, abusive comments, manager & solicitors comments that indicate guilt.

Act only applies against owners, - don’t get upset. In a serious case, if an owner, try to put claims against a manager, the member will dismiss them or view them as trivial. They are hoping to upset owner – because this gives the member an excuse to whitewash against the owner.

Dont claim fraud or make serious allegations without getting documents/proof first.: VCAT members despise anyone who claims any owner who effectively claims fraud against a manager. Never claim fraud unless you already have the documents, because there is no way will Members give you access to documents if they think you may use them to claim fraud.

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Victorian Civil and Administrative Tribunal [VCAT] Edited hearing audio

V CA T provides audio of the hearings at a cost. However, the members edit the audio. If you want to complain about something it won't be on the audio provided.

Below are the 3rd parties that sell the audio CDs. Treat hem and VCAT with caution. The audio tapes are not as described, they are another VCAT rip-off! How do you spell liar = lawyer.

Court Transcript Services  Suite 1605, 380 Little Lonsdale Street, Melbourne,
3000 ( 9600 2445)
Merrill Corporation  Level 4, 190 Queen Street, Melbourne, 3000 ( 8628 5555)
Legal Transcripts  Suite 18, 600 Lonsdale Street, Melbourne, 3000 ( 9642 0322)
Spark and Cannon  Level 9, 620 Bourke Street, Melbourne, 3000 ( 9248 5678)
Transcripts Plus  PO Box 78, Balwyn North, 3104 ( 9859 0533)

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Honey Soup
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Apr 19, 2016 8:58 am EDT

And be careful what you say when you think members/judges are out of the room, as the whole place is bugged. You supposedly negotiate in private...They are listening
VCAT - the legal slaughterhouse, where corruption is perfectly legal.

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Victorian Civil and Administrative Tribunal [VCAT] Conflict of interest

I went to Consumer Affairs Victoria to complain. Despite the blatant rip-off the so-called watch dog abused me in retaliation?

Thus I researched CAV and came accross the below facts and conflict of interests.

VCAT lists (Victorian Civil and Administrative Tribunal) are wholly funded by corporations via state government funds.

The OWNERS CORPORATION LIST (Via the Victorian Property Fund -managers), the BUILDING AND PROPERTY LIST and PLANNING & ENVIRONMENT LIST(Via Domestic Building Fund -developers); and the GUARDIANSHIP LIST (Via the Guardianship Administative Fund).

Consumer Affairs refuses to act against those funding the lists, and instead says to complain to VCAT. Indiciduals are then get hammered by VCAT to stop them complaining

Australia - the land of the legal criminal.

Dont believe it?

Owners Corporation List bias from the Herald Sun newspaper. http://www.smh.com.au/national/rip-o...205-2dwj0.html

Planning List bias from The Age newspaper http://www.theage.com.au/victoria/re...20-1m39cz.html

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Janine Annon
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Feb 20, 2021 10:41 am EST

More and more people should consider appealing a VCAT decision to the Supreme Court. An Appeal has to be launched on the basis of a Question of Law. This includes being denied procedural fairness, bias and also that no reasonable decision maker could have made the decision handed down based on the evidence. Always asks for Reasons at the earliest opportunity at VCAT. At the start of the hearing is best as some lists are treated differently as to when a request for Reasons can be requested.If you decide to Appeal, get s copy of the hearing audio recording and type it's contents to save you having to pay thousands for a transcript. Send me a message if you need help.

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Bobby Peru
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Feb 19, 2021 5:13 pm EST
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Try VCAT for vexatious Sexual Harassment claims brought about by nutters. I've been waiting 486 days today for them to make a decision. Case started (i.e. was invented, for free - no filing charge, of course) in Sept 2019 by someone I have an IVO against, who the police are currently prosecuting (again) for breaching my IVO and stalking me. VCAT won't talk to the courts or the police! Demanded a tribunal in January 2020 where I insisted that the case was dismissed as there was no evidence. No chance of that, female complainant, female Member, male defender - screwed from the off. Had to wait until Sept 2020 for 2 full days of Tribunal during which time VCAT attempted to stop me subpoenaing 2 Police officers to give evidence against the mental-case complainant. Had to go to the Attorney General to force them to allow the police evidence. Barry Josephs over-indulged the mad complainant but even he seemed exasperated and amused by her constant improvised [censored]ting. And yet here I am, 5 months later still waiting for a determination which has a bearing on the upcoming police case against the complainant as well as my attempts to extend my IVO against the certifiable complainant. VCAT will not respond to me. Nor the Attorney General - seems I'm on their [censored] list for constantly harassing them, when all I want is a decision. And the amount of work I've had to do for this crap is unbelievable. I've sent 3 different documents that were each above 11, 000 words, plus a huge amount of evidence, statements etc. And I'm still waiting. Pathetic, outrageous and seemingly answerable to no-one. How is this possible?

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corruptvcat
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Apr 25, 2018 10:38 am EDT
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Law & Civil Rights Victorian Civil and Administrative Tribunal [VCAT] Customer Service VCAT corrupt - prrof
VCAT corrupt - proof / VCAT corrupt - prrof
1 Victoria, Australia Review updated: Apr 24, 2018
5 comments
Is the VCAT owners corporation list corrupt?

I give you 10 facts.

Fact 1. The owners corporation law allows managers to transfer money from the owners pool to their own private bank account. This means if a manager steals money from the pool, the Police will not act, as by the law it’s perfectly legal (OC Act, Section 27)

Fact 2. Due to how VCAT interprets privacy laws, some owners corporations can not even access their own accounts. They are forced to trust the manager.

Why does VCAT & the law refuse to allow owners to access their own owners corporation account?

Fact 3. Managers take the interest of the owners account and pay it to the Victorian Property Fund. From this fund more than a million is paid to VCAT yearly. (Eg: SCA Annual Report AGM 2014 page 18. VCAT Annual Report page 53).

Effectively, managers are stealing the owners money to pay-off VCAT.

Owners know nothing of this.

Fact 4. In 2012, the VCAT President invited managers and their lawyers to meet him on a regular basis. Since this time they have regularly met and discussed how VCAT should run cases. (Eg: VCAT Annual Report 2013-14, page 28).

Owners are not permitted to attend.

So can VCAT’s President be relied upon to protect owners when meeting with the managers and their lawyers?

Is he fair?

Fact 5. The VCAT president himself was involved in a controversial tribunal case against a property owner.
A water company cuts off the water to a property making it worthless. The water company then forces the owner of the property to sell it to them, dirt cheap. When the owner appeals for justice, the tribunal ruled that the water company had the right to do this, and orders the owner to pay all legal costs for complaining.

Yes, it was our VCAT President who represented the water company.

How did he do it?

It certainly appears that the VCAT president deliberately fabricated a mass of evidence against the owner, and presented it as fact to the tribunal. It appears the judges were fully aware of the fraud. Details of this extraordinary case, and what the President and judges got away with, is on the website courtsontrial.com

This is not an official legal website however, if the fraud allegations are false, how could someone openly get away with making false claims against our esteemed VCAT President?

Fact 5. VCAT, with the manager’s funding it, the user group, and the Presidents dubious past, and more, appears loaded with conflicts of interest

So do owners get a fair go at VCAT?

Fact 6. Owners win less than 5% of cases at VCAT (http://www.austlii.edu.au/au/cases/vic/VCAT/).

Fact 7. This Age article titled “Rip off managers” highlights the bias against owners (http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-[protected]dwj0.html).

It humorously refers to a manager who was repeatedly taken to VCAT . The manager even admitted charging owners for water supplies to individual car parks. In another case he allegedly took $10, 000 from an owners corporation’s account that had sacked him, because it was summer and he wanted air conditioners to cool himself (Not listed in article).

VCAT continually refused to rule against him. After an outcry he finally he lost a case, and in the article says he only lost because he did not turn up. With this statement, he appears to be ‘bang on the money’.

If VCAT, its president, judges, lawyers or even employees read or hear this, they will act horrified.

“You’re saying VCAT’s corrupt, how dare you… vexatious!

Vexatious is the argument that lawyers use when their crook has no defence. It’s a boring, lazy, cliché defence. It takes no skill, research or effort to claim vexatious, and it appears it’s exactly how VCAT deals with ‘difficult’ owners (VCAT Act, Sections 75, 79, 109)

Fact 8. When VCAT rules an owner as vexatious, it not only dismisses the case But orders the owner to pay all the manager’s legal costs. This can cost the owner from hundreds up to $30, 000, or more. Not only does the owner lose the case, not get back owed money, and be ordered to pay all costs, but the same manager is free to carry on ripping off the same owner

Fact 9. An overwhelming majority of lawyers not in VCAT’s inner circle, despise VCAT for its lack of due process, fairness and natural justice.

A final fact

Fact 10. Lawyer James Johnson, a solicitor and barrister of the High Court of Australia, has openly referred to VCAT as a criminal Star Chamber, and the corrupt nature of the VCAT President and others at VCAT, by name. (http://jamesjohnsonchr.wordpress.com/2013/01/21/all-the-attorney-generals-men-vcat-political-crime-spree-show-trial-j1342011/).

VCAT and its members are just another proud ‘lawyer joke’.

VCAT owners corporation list - exposed

Pe peter cuterjar Jan 5, 2015
More VCAT corrupt - proof Complaints & Reviews
Barry Josephs, McCabe Terrill and VCAT - Corruption [27]
VCAT owners corporation list - exposed - Corruption [4]
Vcat - Conflict of interest [1]
Vcat - Gregory Garde [1]
Victorian Civil And Administrative Tribunal - Their 'orders' are worthless [1]
Victorian Civil and Administrative Tribunal [VCAT] - vcat - "responsible to no one and answerable to no one..."
Vcat - Owners Corporation list - tips for self representing
VCAT Tribunal - Edited hearing audio [1]
VCAT Tribunal - conflict of interest [1]
VCAT Owners Corporation List - Rip of owners to help managers [1]
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To  tommidson 9th of Jan, 2015
0 Votes
VCAT - pathetic.

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Ga  Gary Faye 15th of Jan, 2016
0 Votes
The VCAT Victorian Civil and Administrative Tribunal is an Absolute Toothless Tiger, a big fat toothless CAT! Their 'members' (aka wanna be judge but without the brains or the legal clout)are incapable of intelligent thought let alone deciphering law! They are also dogs who are always on the side of the dollar, ignoring basic law and contractual terms. They are NOT the judiciary, they are not the law. They ultimately have to rely on the courts to reinforce their 'orders'. In other words they are A JOKE, and only set up to pretend to be the law. The entire semi legal structure and style is frankly a joke- it is only a matter of time that people realise that it is nothing more than a public wasting of our tax money. What use is a ' semi legal' but not really juridical organisation anyway, its an administrative system to allow high paying jobs to useless 'members' that are in fact nothing more than a butt without its powers. When these butts get lost they cower behind their desks, pull faces and bully. When challenged they deny the law and edit the hearing audio. They leave situation untenable because of their lack of care and ability. No one with honour works at VCAT, and those who support it, such as its inhouse lawyers etc, are nothing but another legal joke.

The tribunal is funded by the below

Residential Tenancies Fund
Domestic Building Fund
Victorian Property Fund
Retail Tenancies Fund
Health Boards
Guardianship and Administration Fund
Legal Practice List

If the opposing party pays money to these funds you are stuffed. VCAT follows the dollar. Pay VCAT through the above funds and you literally can’t lose a case.

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Ho  hood4 17th of Mar, 2016
0 Votes
I laugh at VCAT, its President, members, and its so-called Act.
Do you want to see a legal joke in action? Go to a VCAT hearing where VCAT is funded by one party as above.
The law means nothing - Absolutely ridiculous, a baby tribunal...

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Ro  Robin Paren 23rd of Apr, 2018
0 Votes
VCAT continues to allow the abuse of disabled self representing litigants complaining about discrimination. You end up copping more abuse than what you first complained about. I have considered killing myself.

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Co  corruptvcat 12 hrs 53 mins ago
0 Votes
1. I have a VCAT Order made by Mr I Lulham. Mr Lulham made a decision that was materially different to the subject matter (concerning a fire safety issue). The other party to the case was a State Government Department. Why did Mr I Lulham sign the order as a VCAT Member, only to be promoted to a VCAT Deputy President four months later?

2. Why was ordinary VCAT Member Campana promoted directly to Deputy Head of the Residential Tenancies List a few months after making a VCAT decision in favour of former Prime Minister, Tony Abbott's daughter?

3. After appealing Senior Member Barker's decision (in favour of a State Government Department) to the Supreme Court my pro bono barrister was offered a position as a sessional VCAT Member. That wouldn't have anything to do with Ms Barker being promoted to the position of Head of the Residential Tenancies List in this period would it?

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googlealive
Australian Ext. Territory
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Jan 25, 2016 5:57 am EST

VCAT ruled over my farcical case. (Victorian Civil and Administrative Tribunal)
This included a massive range of ongoing issues:
#1.The Member B. Josephs failed to uphold his earlier ruling that I he would not allow an owners corporation lawyer to ambush me with specific fresh claims.
#2. He used this ruling to deny me due process and discovery, stating as the above claims would not be tables, that related documents were irrelevant.
#3. The Member permitted the lawyer to testify a string of false allegations. He failed to correct or even query these claims that contradicted with documented fact. At one stage he stunned the lawyer by encouraging him to defend his client against documented & presented fact. This was in a bid to defend actual Tax fraud. The Members’ offer was so ludicrous that the lawyer refused to take it up. Instead he just stared back at him mouth ajar.
#4. When the situation got desperate for the lawyer, the Member permitted him to intimidate with rude, loud and truculent interjections. With unconcealed disparity, the Member later randomly cruelled me as I moved my pen, stating that I must always keep my eyes on him.
#5. He denied my defence stating that my documents had not been earlier tabled. He refused to view my documents. When I queried this he leaned forward and warned me, “Don’t say a word, or else”. In contrast he accepted the lawyers evidence as fact, despite it being hearsay, and being denied by myself.
The above is a token sample of the cases running issues.
I understand this stooge no longer sits at VCAT. Too late VCAT, he’s already exposed your sway. From what I’ve heard and witnessed he’s no different to fellow VCAT members when the tribunal’s interests conflict (Original post). He’s just foolhardy by brazenly exposing it.

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Victorian Civil and Administrative Tribunal [VCAT] conflict of interest

Anyone with anything to do knows that this tribunal is biased, with many decisions made before hearings and evidence is heard.

VCAT is funded by these funds

Residential Tenancies Fund
Domestic Building Fund
Guardianship and Administration Fund
Retail Tenancies Fund
Legal Practice List
Victorian Property Fund
Health Boards

What does this mean.

If you're against someone who pays money to the above then that person is also funding VCAT. In turn VCAT will show a bias towards this person or company.

An example is the funding from the Victorian Property Fun. Owners corporation managers fund this list. If you're against a manager on this list you lose, it's as simple as that.

Don't trust VCAT judges or members.

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corruptvcat
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Apr 25, 2018 10:37 am EDT
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Law & Civil Rights Victorian Civil and Administrative Tribunal [VCAT] Customer Service VCAT corrupt - prrof
VCAT corrupt - proof / VCAT corrupt - prrof
1 Victoria, Australia Review updated: Apr 24, 2018
5 comments
Is the VCAT owners corporation list corrupt?

I give you 10 facts.

Fact 1. The owners corporation law allows managers to transfer money from the owners pool to their own private bank account. This means if a manager steals money from the pool, the Police will not act, as by the law it’s perfectly legal (OC Act, Section 27)

Fact 2. Due to how VCAT interprets privacy laws, some owners corporations can not even access their own accounts. They are forced to trust the manager.

Why does VCAT & the law refuse to allow owners to access their own owners corporation account?

Fact 3. Managers take the interest of the owners account and pay it to the Victorian Property Fund. From this fund more than a million is paid to VCAT yearly. (Eg: SCA Annual Report AGM 2014 page 18. VCAT Annual Report page 53).

Effectively, managers are stealing the owners money to pay-off VCAT.

Owners know nothing of this.

Fact 4. In 2012, the VCAT President invited managers and their lawyers to meet him on a regular basis. Since this time they have regularly met and discussed how VCAT should run cases. (Eg: VCAT Annual Report 2013-14, page 28).

Owners are not permitted to attend.

So can VCAT’s President be relied upon to protect owners when meeting with the managers and their lawyers?

Is he fair?

Fact 5. The VCAT president himself was involved in a controversial tribunal case against a property owner.
A water company cuts off the water to a property making it worthless. The water company then forces the owner of the property to sell it to them, dirt cheap. When the owner appeals for justice, the tribunal ruled that the water company had the right to do this, and orders the owner to pay all legal costs for complaining.

Yes, it was our VCAT President who represented the water company.

How did he do it?

It certainly appears that the VCAT president deliberately fabricated a mass of evidence against the owner, and presented it as fact to the tribunal. It appears the judges were fully aware of the fraud. Details of this extraordinary case, and what the President and judges got away with, is on the website courtsontrial.com

This is not an official legal website however, if the fraud allegations are false, how could someone openly get away with making false claims against our esteemed VCAT President?

Fact 5. VCAT, with the manager’s funding it, the user group, and the Presidents dubious past, and more, appears loaded with conflicts of interest

So do owners get a fair go at VCAT?

Fact 6. Owners win less than 5% of cases at VCAT (http://www.austlii.edu.au/au/cases/vic/VCAT/).

Fact 7. This Age article titled “Rip off managers” highlights the bias against owners (http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-[protected]dwj0.html).

It humorously refers to a manager who was repeatedly taken to VCAT . The manager even admitted charging owners for water supplies to individual car parks. In another case he allegedly took $10, 000 from an owners corporation’s account that had sacked him, because it was summer and he wanted air conditioners to cool himself (Not listed in article).

VCAT continually refused to rule against him. After an outcry he finally he lost a case, and in the article says he only lost because he did not turn up. With this statement, he appears to be ‘bang on the money’.

If VCAT, its president, judges, lawyers or even employees read or hear this, they will act horrified.

“You’re saying VCAT’s corrupt, how dare you… vexatious!

Vexatious is the argument that lawyers use when their crook has no defence. It’s a boring, lazy, cliché defence. It takes no skill, research or effort to claim vexatious, and it appears it’s exactly how VCAT deals with ‘difficult’ owners (VCAT Act, Sections 75, 79, 109)

Fact 8. When VCAT rules an owner as vexatious, it not only dismisses the case But orders the owner to pay all the manager’s legal costs. This can cost the owner from hundreds up to $30, 000, or more. Not only does the owner lose the case, not get back owed money, and be ordered to pay all costs, but the same manager is free to carry on ripping off the same owner

Fact 9. An overwhelming majority of lawyers not in VCAT’s inner circle, despise VCAT for its lack of due process, fairness and natural justice.

A final fact

Fact 10. Lawyer James Johnson, a solicitor and barrister of the High Court of Australia, has openly referred to VCAT as a criminal Star Chamber, and the corrupt nature of the VCAT President and others at VCAT, by name. (http://jamesjohnsonchr.wordpress.com/2013/01/21/all-the-attorney-generals-men-vcat-political-crime-spree-show-trial-j1342011/).

VCAT and its members are just another proud ‘lawyer joke’.

VCAT owners corporation list - exposed

Pe peter cuterjar Jan 5, 2015
More VCAT corrupt - proof Complaints & Reviews
Barry Josephs, McCabe Terrill and VCAT - Corruption [27]
VCAT owners corporation list - exposed - Corruption [4]
Vcat - Conflict of interest [1]
Vcat - Gregory Garde [1]
Victorian Civil And Administrative Tribunal - Their 'orders' are worthless [1]
Victorian Civil and Administrative Tribunal [VCAT] - vcat - "responsible to no one and answerable to no one..."
Vcat - Owners Corporation list - tips for self representing
VCAT Tribunal - Edited hearing audio [1]
VCAT Tribunal - conflict of interest [1]
VCAT Owners Corporation List - Rip of owners to help managers [1]
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Comments
To  tommidson 9th of Jan, 2015
0 Votes
VCAT - pathetic.

Reply

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Ga  Gary Faye 15th of Jan, 2016
0 Votes
The VCAT Victorian Civil and Administrative Tribunal is an Absolute Toothless Tiger, a big fat toothless CAT! Their 'members' (aka wanna be judge but without the brains or the legal clout)are incapable of intelligent thought let alone deciphering law! They are also dogs who are always on the side of the dollar, ignoring basic law and contractual terms. They are NOT the judiciary, they are not the law. They ultimately have to rely on the courts to reinforce their 'orders'. In other words they are A JOKE, and only set up to pretend to be the law. The entire semi legal structure and style is frankly a joke- it is only a matter of time that people realise that it is nothing more than a public wasting of our tax money. What use is a ' semi legal' but not really juridical organisation anyway, its an administrative system to allow high paying jobs to useless 'members' that are in fact nothing more than a butt without its powers. When these butts get lost they cower behind their desks, pull faces and bully. When challenged they deny the law and edit the hearing audio. They leave situation untenable because of their lack of care and ability. No one with honour works at VCAT, and those who support it, such as its inhouse lawyers etc, are nothing but another legal joke.

The tribunal is funded by the below

Residential Tenancies Fund
Domestic Building Fund
Victorian Property Fund
Retail Tenancies Fund
Health Boards
Guardianship and Administration Fund
Legal Practice List

If the opposing party pays money to these funds you are stuffed. VCAT follows the dollar. Pay VCAT through the above funds and you literally can’t lose a case.

Reply

Reply
Ho  hood4 17th of Mar, 2016
0 Votes
I laugh at VCAT, its President, members, and its so-called Act.
Do you want to see a legal joke in action? Go to a VCAT hearing where VCAT is funded by one party as above.
The law means nothing - Absolutely ridiculous, a baby tribunal...

Reply

Reply
Ro  Robin Paren 23rd of Apr, 2018
0 Votes
VCAT continues to allow the abuse of disabled self representing litigants complaining about discrimination. You end up copping more abuse than what you first complained about. I have considered killing myself.

Reply

Reply
Co  corruptvcat 12 hrs 53 mins ago
0 Votes
1. I have a VCAT Order made by Mr I Lulham. Mr Lulham made a decision that was materially different to the subject matter (concerning a fire safety issue). The other party to the case was a State Government Department. Why did Mr I Lulham sign the order as a VCAT Member, only to be promoted to a VCAT Deputy President four months later?

2. Why was ordinary VCAT Member Campana promoted directly to Deputy Head of the Residential Tenancies List a few months after making a VCAT decision in favour of former Prime Minister, Tony Abbott's daughter?

3. After appealing Senior Member Barker's decision (in favour of a State Government Department) to the Supreme Court my pro bono barrister was offered a position as a sessional VCAT Member. That wouldn't have anything to do with Ms Barker being promoted to the position of Head of the Residential Tenancies List in this period would it?

K
K
K Murry
AU
Send a message
Feb 06, 2016 5:17 am EST

Had my VCAT hearing tribunal a few days ago - I wasn't allowed to speak and they ignored facts. Insisted that i had no rights to see Owners Corporation papers etc, despite law saying otherwise. VCAT shrugged shoulders when the actual law was raised, saying the law was used only a guide at VCAT, that common sense prevailed?. The manager was caught 3 times fibbing, but VCAT ignored it, and accepted his word at rotten face value. VCAT claimed that Professional managers don't ave inappropriately, a nd warned me not to waste time with claims against him? Wish I checked out VCAT online first. What's the point to go through all this, only to be yelled at and abused like as criminal. Enough is enough. VCAT and the Justice System stinks.

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Victorian Civil and Administrative Tribunal [VCAT] Rip of owners to help managers

VCAT owners corporation manager refuses to respect the law. There manager Sandor Csapo is allowed to do as he wishes, such s charging GST tax when not registered, apply illegal fines, charging for non existing work. When caught out he refuses to refund. VCAT refuse to take action against their manager.

Read below for detail as taken from The Age newspaper.

BODY corporate managers accused of ripping off Victorian home owners are retaining their government registration, even after facing court sanctions or criminal charges. In one case, an owners' corporation manager who has run properties and developments for 38, 000 Victorians has been the subject of multiple complaints but still retained his registration.

The alleged misconduct of Sandor Csapo highlights gaping holes in the regulation of the industry that expose Victorian owners and investors to significant losses. This year, he was charged with fraud offences in connection to his management of a 45-unit Latrobe Valley nursing home.

In November, Csapo was sacked from a large Melbourne CBD development by owners who are facing hundreds of thousands of dollars in contested fees. They include large water bills charged to owners of car parks with no water supply. Owners from other developments have repeatedly taken Csapo to the Victorian Civil and Administrative Tribunal, including a case last year in which he was ordered to pay $16, 800 to the body corporate of the Seabrook residential development in Point Cook.

Another body corporate in Melbourne is facing bills of up to $120, 000, after construction organised by Csapo's company was condemned by the council. Csapo is still registered by the Business Licensing Authority via his company Shanga Pty Ltd and told Fairfax Media that, despite his recent problems, he has recently been hired by several more Victorian owners' corporations.

Csapo said he had ''made the wrong call'' by re-creating several lost receipts linked to his management of a Moe nursing home complex - conduct for which he is facing criminal charges.

But he said he had rectified this ''mistake'' and most complaints about his conduct arose because owners' corporations often misunderstood the industry regulations under which he operates.

Csapo said he did not know how many times he had been taken to VCAT, but said that he had only lost his case against Seabrook because he was too ill to attend the hearing. He agreed with a view held by several body corporate members who contacted Fairfax Media to complain about his conduct. ''I believe the whole industry needs a shake-up, '' Csapo said. ''The laws are appalling and they don't protect anybody.''

There is almost no regulation and oversight of the state's 500 or so owners' corporation managers, with body corporate members often left with no choice but to take unresolved disputes to VCAT. Similar problems exist in other states.Even in a successful case, the money VCAT orders an owners' corporation manager to repay is rarely seen. Csapo has not paid the $16, 800 he owes Seabrook owners.

While many of the state's owners corporation managers have good reputations, some in the industry have privately conceded that substandard managers are never held to account due to lax regulation.

Up to 300 investors were stung in 2009 after Mark Baranov, a former director of the Dodo internet company turned owners corporation manager, failed to pay rent owing on CBD storage units he managed. It took until November last year for corporate watchdog ASIC to give Mr Baranov a two-year director's ban in connection to his activities as an owner's corporation manager between 2003 and 2009.

The owners of more than 300 car parks at 55 Franklin Street in Melbourne's CBD, who sacked Csapo in December, are facing the prospect of a freeze on rent payments to cover almost $250, 000 in debts. In 2001, the car park development promised investors a 7 per cent return. The car park owners face an additional hurdle that has nothing to do with Csapo. A caveat held by commercial interests linked to dead underworld boss Mario Condello has prevented the sale of several car parks that have failed to pay body corporate fees for years.

Csapo stalled the handing over of financial records from the Franklin Street development, arguing that he was entitled to do this because some of the members had not paid their bills. Since his sacking from the site, owners have begun auditing these records and discovered several discrepancies. Csapo denied that he was responsible for these anomalies, claiming that a subcontractor he hired to manage the car park was to blame.

The state government has committed to registering all owners' corporations managers in a new national system that will be in place by the end of this year. But this will not lead to any more oversight or enforcement.

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Bakerbroke
North Melbourne, AU
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Apr 21, 2015 5:25 am EDT

It's well documented that the owners corporation list is rigged against owners. Manager effectively payoff VCAT through the Victorian Property Fund. Ever wondered why Consumer Affairs Victoria also refuse to expose corrupt managers - they manage the Victorian Property Fund, and thus organize managers funding VCAT. This is how the legal system works in Australia.

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Is the VCAT owners corporation list corrupt? I give you 10 facts. Fact 1. The owners corporation law allows managers to transfer money from the owners pool to their own private bank account. This means if a manager steals money from the pool, the Police will not act, as by the law it’s perfectly legal (OC Act, Section 27) Fact 2. Due to how VCAT...

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Is the VCAT owners corporation list corrupt? I give you 10 facts. Fact 1. The owners corporation law allows managers to transfer money from the owners pool to their own private bank account. This means if a manager steals money from the pool, the Police will not act, as by the law it’s perfectly legal (OC Act, Section 27) Fact 2. Due to how VCAT...

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Victorian Civil and Administrative Tribunal [VCAT] VCAT Owners corporation list corrupt

Are you an owner who’s been harassed and bullied by a VCAT member?

Managers wholly fund VCAT’s owners corporation list. They do this with money taken from owners. Managers are stealing owners money and using it to payoff VCAT, Find out about this and lots more below...

We know that VCAT was originally designed to resolve disputes fairly with no legal cost, but how does its Owners Corporation List actually work?

I give you 19 facts.

The majority are documented in Annual Reports, official legal sites, Acts of law, leading newspapers, and at VCAT itself.

You make up your own mind.

Fact 1. If you call a specialist owners corporation lawyer and ask him to represent you against an owners corporation manager, he will almost certainly refuse to help, claiming they have represented the manager, ‘conflict of interest’.

There are hundreds of managers in Victoria. Have all these lawyers really represented every manager?

While these lawyers refuse to help owners, they all help managers and some even offer free advice (Eg: SCA Annual Report 2014, page 8, TressCox Lawyers)

Fact 2. VCAT has an office that provides free legal aid. However it refuses to help individuals against managers (Eg: Written on the legal aid office door)

Fact 3. An official VCAT video states that if a judge cannot finds a resolution, he will side with the numbers,

For an owner, who is against a manger who is representing the owners corporation, this means the owner will always lose. This because technically the owner will also be against all the others owners (Video that loops in VCAT hearing waiting room).

Fact 4. . Owners from each block of units put their funds in a pool. The pool is managed by the manager. The owners corporation law allows managers to transfer money from the pool to their own private bank account. This means if a manager steals money from the pool, the Police will be reluctant to take action, as by the law it’s perfectly legal (OC Act, Section 27)

Fact 5. Due to how VCAT interprets privacy laws, some owners corporations can not even access their own accounts, let alone do an audit. They are forced to trust the manager.

Why does the law & VCAT not allow owners to access their own owners corporation account?

Fact 6 From the owners pooled money, managers take the interest and pay it to the Victorian Property Fund. From this fund more than a million is paid to VCAT yearly. It wholly funds VCAT’s OC list (Eg: SCA Annual Report AGM 2014 page 18. VCAT Annual Report page 53).

Effectively, managers are funding VCAT using owners money.

Owners know nothing of this.

Fact 7. VCAT judges and owners corporation lawyers work together to chair and speak at seminars. These are legal seminars for owners corporation managers and lawyers (Eg: Legalwise.com.au)

Owners are not permitted to attend.

There are no seminars for owners

Fact 8. In 2012, the VCAT President invited managers and their lawyers to meet him on a regular basis. Since this time they have regularly met and discussed how VCAT should run cases. (Eg: VCAT Annual Report 2013-14, page 28).

Owners are not permitted to attend.

So can VCAT’s President be relied upon to protect owners when meeting with the managers and their lawyers?

Is he fair?

Fact 9. The VCAT president himself was involved in a controversial tribunal case against a property owner.
A water company cuts off the water to a property making it worthless. The water company then forces the owner of the property to sell it to them, dirt cheap.
When the owner appeals for justice, the tribunal ruled that the water company had the right to do this, and orders the owner to pay all legal costs for complaining.

Yes, it was the VCAT President who represented the water company that allegedly cut off water to the property and forced the owner to sell the property to them, dirt cheap.

How did he do it?

It certainly appears that the VCAT president deliberately fabricated a mass of evidence against the owner, and presented it as fact to the tribunal.

It appears the judges were fully aware of the fraud.

Details of this extraordinary case, and what the President and judges got away with, is on the website courtsontrial.com

This is not an official legal website however, if the fraud allegations are false, how could someone openly get away with making false claims against our esteemed VCAT President?

Fact 10. VCAT, with the manager’s funding it, the user group, and the Presidents dubious past, and more, appears loaded with conflicts of interest

So do owners get a fair go at VCAT?

Fact 11. Owners win less than 5% of cases at VCAT (http://www.austlii.edu.au/au/cases/vic/VCAT/).

Fact 12. This Age article titled “Rip off managers” highlights the bias against owners (http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-20130205-2dwj0.html).

It humorously refers to a manager who was repeatedly taken to VCAT . The manager even admitted charging owners for water supplies to individual car parks.

In another case he allegedly took $10, 000 from an
owners corporation’s account that had sacked him,
because it was summer and he wanted air conditioners to cool himself (Not listed in article).

VCAT continually refused to rule against him. After an outcry he finally he lost a case, and in the article says he only lost because he did not turn up. With this statement, he appears to be ‘bang on the money’.

Perhaps not all owners corporation managers are fraudsters, but they have to be competitive, and they have a reputation.

What does the law say about VCAT’s perceived bias against owners?

Fact 13. The law states that managers must act in good faith (OC Act, Section 5)

It’s an act of parliament, it can’t be ignored. Right?

The percentage of VCAT cases won by managers
strongly indicates that the laws only apply against owners. It certainly appears that managers are a protected party, and can act outside of the law without consequence.

The sting in the tail

If an owner complains to VCAT, he risks being ordered to pay all of the managers legal fees. This especially applies if fraud was alleged.

The reality is, the more fraud the manager has committed the more trouble the complaining owner is in.

But Judges must act fairly, surely they don’t lie or deny the law?

Fact 14. Unlike Europe, in Australia, just like many of our politicians, the great majority of judges are ex lawyers.

Fact 15. A leopard does not change its spots.

But what about court procedure?

Fact 16. An owner can appeal against a tribunal decision, but effectively only through the Supreme Court, which will probably cost at least $30, 000

Only small percentage of appeals are successful. Why would an owner risk $30, 000 or more through an appeals system that in over 95% of cases, supports the previous judge’s decision, regardless

Fact 17. VCAT’s own act admits that it edits the recorded audio of its hearings (Supposedly to delete breaks). If a VCAT ruling is appealed, without question, VCAT will use the edited version to support its decision. VCAT, at its discretion, can also refuse to supply the audio.
(VCAT form, Request for audio CD of VCAT hearing)

“Legal people always back up legal people, and the legal system”.

If VCAT, its president, judges, lawyers or even employees read or hear this, they will act horrified.

“You’re saying VCAT’s corrupt, how dare you… vexatious!

Vexatious is the argument that lawyers use when their crook has no defence. It’s a boring, lazy, cliché defence. It takes no skill, research or effort to claim vexatious, and it appears it’s exactly how VCAT deals with ‘difficult’ owners (VCAT Act, Sections 75, 79, 109)

Fact 18. When VCAT rules an owner as vexatious, it not only dismisses the case But orders the owner to pay all the manager’s legal costs.

This can cost the owner from hundreds up to $30, 000, or more. Not only does the owner lose the case, not get back owed money, and be ordered to pay all costs, but the same manager is free to carry on ripping off the same owner

Fact 19. An overwhelming majority of lawyers not in VCAT’s inner circle despise VCAT for its lack of due process, fairness and natural justice.

A final fact

Fact 20. Lawyer James Johnson, a solicitor and barrister of the High Court of Australia, has openly referred to VCAT as a criminal Star Chamber, and the corrupt nature of the VCAT President and others at VCAT, by name. (http://jamesjohnsonchr.wordpress.com/2013/01/21/all-the-attorney-generals-men-vcat-political-crime-spree-show-trial-j1342011/).

VCAT and its members are just another ‘lawyer joke’.

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Victorian Civil and Administrative Tribunal [VCAT] hired gun VCAT members

“Hired gun VCAT members”

VCAT fails its own mission statements of being a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution. The institution of draconian fees now dramatically highlights this disconnect.

Every single thing is against average Joe’s. They cannot match the money of corproations nor the specific expertise of planners. They do not have the perceived ‘old boys’ network that operates at VCAT hearings between corporation lawyers, and their ‘hired guns’ VCAT Members, so they are ‘behind the eight ball’ from the beginning. Tribunal Members pay rapt attention to expert (so-called) witnesses who they know full well are PAID to give unsworn evidence. Why else would they be there?

At the core is the endless games played by corporations…e.g. the ambit claims that VCAT take so seriously, the employment of so many lawyers, the ‘hired gun” VCAT members that the lawyers demand.

The childish way VCAT members appear to question lawyers (They only ask questions that they know the answers too, or are irrelevant to the final ruling) is astounding.

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Gary Faye
AU
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Jan 15, 2016 8:38 am EST

The VCAT Victorian Civil and Administrative Tribunal is an Absolute Toothless Tiger, a big fat toothless CAT! Their 'members' (aka wanna be judge but without the brains or the legal clout)are incapable of intelligent thought let alone deciphering law! They are also dogs who are always on the side of the dollar, ignoring basic law and contractual terms. They are NOT the judiciary, they are not the law. They ultimately have to rely on the courts to reinforce their 'orders'. In other words they are A JOKE, and only set up to pretend to be the law. The entire semi legal structure and style is frankly a joke- it is only a matter of time that people realise that it is nothing more than a public wasting of our tax money. What use is a ' semi legal' but not really juridical organisation anyway, its an administrative system to allow high paying jobs to useless 'members' that are in fact nothing more than a butt without its powers. When these butts get lost they cower behind their desks, pull faces and bully. When challenged they deny the law and edit the hearing audio. They leave situation untenable because of their lack of care and ability. No one with honour works at VCAT, and those who support it, such as its inhouse lawyers etc, are nothing but another legal joke.

The tribunal is funded by the below

Residential Tenancies Fund
Domestic Building Fund
Victorian Property Fund
Retail Tenancies Fund
Health Boards
Guardianship and Administration Fund
Legal Practice List

If the opposing party pays money to these funds you are stuffed. VCAT follows the dollar. Pay VCAT through the above funds and you literally can’t lose a case.

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Burgercheese
Ringwood, AU
Send a message
Jan 04, 2015 3:34 am EST

Without owners knowing, manager take the interest from their account, and pay it to the a Fund. From this fund every year more than a million is paid to VCAT . Effectively managers are stealing owners money and using it to pay off VCAT.

Sound unbelievable? It's pfficially documented in VCAT's own annual report and the Strata Community Australia Annual report AGM 2014 page 18.

Don't trust VCAT.

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Victorian Civil and Administrative Tribunal [VCAT] Gregory Garde

Misled Tribunal under oath against an innocent property owners. Absolute legal scammer who has a vexatious stance against property owners. Abuses position of trust, and what a joke that position is.

Further details here.

http://courtsontrial.com/index.html?page_id=11

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mickyssss
Randwick, AU
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Jan 07, 2015 8:48 pm EST

The proud head of the VCAT Zoo.

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Victorian Civil and Administrative Tribunal [VCAT] Corruption

Barry Josephs, Consultant at McCabe Terrill and VCAT member.

Don't trust, blatant liar under oath. Abuses position of trust for self gain.

Ruins reputations, including those of corporations he serves.

The ultimate coward and bully.

A person without honour.

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masjgfdd
US
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Dec 05, 2015 3:01 pm EST

Lives near Ringwood

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Dannydannydanny
AU
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Aug 14, 2015 12:24 am EDT

Don’t stay silent when the member makes significant case deciding claims against you, because this means you are effectively agreeing. This means even if they are false or illegal, they now become legal because you agreed.

If member cant rule against you by the facts, he will read out false facts in his summary. He will then make rulings based on these false facts. Always correct false facts. Don't trust members.

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Dannydannydanny
AU
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Aug 14, 2015 12:20 am EDT

OC opens with a mass of false irrelevant claims: OC solicitors may open with a list of insignificant and false claims, including details such as dates to upset the owner, The Member may paly the game and stare the owner down at the same time. This is an attempt to upset you. Take notes, and answer each claim in turn. This will make the solicitor look foolish, and show the members that you are not his fool.

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Dannydannydanny
AU
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Aug 14, 2015 12:17 am EDT

Don’t be fooled into believing you’re guilty: Member may intimidate you, and make you feel guilty. Once you start to doubt yourself you’re as good as done. Don’t be intimidated by Members ignoring or denying your claims, or gesturing and yelling at you.

Take a witness. This makes it harder for member to unfairly rule against you. But a warning, the member will try and discredit you in the eyes of the witness, and once he’s done that he will whitewash against you. You need a witness who is legal savvy. Someone who knows how VCAT works.

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Dannydannydanny
AU
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Aug 14, 2015 12:14 am EDT

Act only applies against owners, - don’t get upset. In a serious case, if an owner, try to put claims against a manager, the member will dismiss them or view them as trivial. They are hoping to upset owner – because this gives the member an excuse to whitewash against the owner.

Don’t claim fraud or make serious allegations without getting documents/proof first.: VCAT members despise anyone who claims any owner who effectively claims fraud against a manager. Never claim fraud unless you already have the documents, because no way will Members give you access to documents if they think you may use them to claim fraud.

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Dannydannydanny
AU
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Aug 14, 2015 12:11 am EDT

Have the orders written properly. This is classic Barry Josephs. The member writes the orders in an obscured way then denies the orders at a latter hearing. For example he leaves off dates, detail, etc.

Audio: Don’t think if the member is blatantly ignoring law that you can get audio and appeal. Members audit hearing audio. This includes any silly claims, abusive comments, managersolicitors comments that indicate guilt.

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Dannydannydanny
AU
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Aug 14, 2015 12:01 am EDT

Member questioning Owners Corporation or its solicitor: To make it appear that no bias exists, Member will only ask the OC representative questions they know they can answer. For example they may seemingly demand copies of the VCAT application form, knowing that if the OC does not have a copy they the member will just that he has a copy in his file (The member will look through his file and act surprised that they are in it).

Or they will ask if the solicitor has the right to represent the OC. If the solicitor is not sure then the member will then say why they are and move on.

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Dannydannydanny
AU
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Aug 13, 2015 11:56 pm EDT

Documents - how to get: Owners Corporation Managers are notorious for not providing OC document inspections as required by the OC Act, and Members are just as notorious for not ordering Managers to do so. This denies the owner viewing documents. Quote the Owners Corporation Act, “Section 144 etc”.

Documents: don’t let member charge you ridiculous fees to view/copy documents. By the Act you are allowed to inspect the documents at no charge. Take your own scanner or camera to copy documents.

Take a witness to inspect documents, otherwise manager may claim he refused to show you documents because you became aggressive, or that he showed you all documents when he in fact refused. If you have these types of issues sigh an affidavit stating exactly what happened.

Confirm with member what you should do if you don’t get documents. This way when you go back to VCAT complaining that manager refused to show you documents, they can’t complain because you are just following their previous direction.

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Dannydannydanny
AU
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Aug 13, 2015 11:49 pm EDT

Here are some tips about dealing with Barry Josephs types on VCAT's Owners Corporation list.

Agreeing to solicitor representing the OC: The members have the power to allow solicitor to represent managers. However, they will ask if you mind if the OC being represented. If you say you don’t mind then you are agreeing to the solicitor representing against you, then because you agreed this makes it easier for the member to order you to pay costs. (Yes, solicitors are not supposed to represent in cases under $10, 000, and Members are not supposed to order such legal costs against owners – but remember the laws are only a guide* to VCAT members)

Financial s: If you have previously voted to accept the financial s then members will say you accepted them so you can’t complain. A simple fact is that it’s not illegal to change your mind. If circumstances change that put the financial's accuracy in doubt, say that to the Member.

Voting, abstain from voting: Because of the above it’s best if you always abstain from any OC voting. Including financials and any other issues.

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M Pariss
Melbourne, AU
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Jul 12, 2015 3:49 am EDT

If Barry Josephs and VCAT represent the Australian Civil Justice system, then it’s ridiculous and honourless.

My case was determined before it went to hearing. At the first hearing, when serious concerns about the manager arose, Barry Josephs abused me and forced me to negotiate. He rudely gestured that if I ‘forced’ a hearing I would be up for costs regardless of the outcome. He outright laughed-off procedures. When lost documentation was raised Josephs just laughed it off saying it never existed. He only asked the manager questions that he knew he could answer, such as information he already had on file. He refused to seriously consider any claim against the manager, regardless of the factual evidence.

The manager’s resentment at being ‘caught out’ and Josephs rebuttals of the obvious created grossly distorted findings and behaviour. Josephs effectively encouraged the manager to intimidate and harass me which culminated in a restraining order. Still Josephs denied any wrong doing by the manager, even when he admitted that he took significant sums from the OC account that could not be accounted for.

While VCAT refuses any complaint and is funded by corporations etc, this is what one can expect.

Imagine a police system where police could legally use firearms as they chose. People would die – how many innocent people have VCAT and Barry Josephs killed?

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Victorian Civil and Administrative Tribunal [VCAT] reviews first appeared on Complaints Board on Aug 19, 2014. The latest review Kim knights - vcat member - with potential cognitive impairment was posted on Sep 8, 2022. The latest complaint hired gun VCAT members was resolved on Nov 30, 2014. Victorian Civil and Administrative Tribunal [VCAT] has an average consumer rating of 1 stars from 16 reviews. Victorian Civil and Administrative Tribunal [VCAT] has resolved 1 complaints.
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