When a breach of contract occurs, there are, in contract law and legislation, general remedies (see: "Court remedies", below) available by application to the most appropriate court or tribunal for your particular case. Different courts or tribunals deal with different matters depending on the amount of money involved and, in some instances, the subject matter of the dispute and the relevant legislation. Generally, it remains for you to work out which court or tribunal is the appropriate place to hear your complaint. You may need to seek legal advice to help you decide this.

The Civil Claims List of the Victorian Civil and Administrative Tribunal (VCAT) will hear and determine a "consumer and trader dispute" under the Fair Trading Act 1999 (Vic) ("FTA") (s.108). A "consumer and trader dispute" is a dispute arising between a supplier or possible supplier and a purchaser or possible purchaser in relation to the supply or possible supply of goods or services (s.107). VCAT has unlimited jurisdiction (i.e. claims for any amount) under this section. However, VCAT will treat "small claims" where the amount involved in the dispute is less than $10,000 more informally, for example with respect to costs and legal representation. (For further details see: "Small Claims: the Civil Claims List of VCAT", below.) VCAT is not as expensive as the courts and is generally very effective in resolving many consumer problems.

Note: From 1 July 2010, VCAT no longer has jurisdiction over consumer credit under the Consumer Credit (Victoria) Act 1995 (Vic). The new National Consumer Credit Protection Act 2009 (Cth) ("NCCPA") gives jurisdiction over consumer credit only to the Federal Courts, including a small claims division of the Federal Magistrates Court, and external dispute resolution schemes such as the Financial Ombudsman Service. (For further details see: Chapter 13 Credit and Finance.)

Actions relating to a breach of contract may also be commenced in the Magistrates', County, Supreme or Federal Court, depending on the amount of money involved and the relevant legislation.

Another alternative is to submit the dispute to arbitration or mediation. It may be a term of the contract that the parties will only pursue remedies for a breach of the contract in this way. The procedure for referring the dispute to an arbitrator or mediator may be provided for in the contract.

Courts and VCAT now operate a mediation system in some circumstances. For further details, see: "Arbitration" and "Mediation" in Chapter 1*2 Courts. For disputes in the County, Supreme and Federal Courts, a court-approved mediator is appointed, when appropriate, prior to the hearing. Even when court proceedings are referred to a mediator, the court will retain power to order remedies. If the mediation fails, the court will proceed to hear the matter.