Currently, the Credit List of VCAT hears and determines disputes about credit contract between borrowers and financial institutions such as banks, building societies and other finance providers. Contracts may involve mortgage over homes or goods such as cars, caravans or boats, personal loans, or continuing credit contracts (such as credit cards).

VCAT also hears disputes about credit statements (or about information in them), compensation claims, and reviews or changes in interest rates, fees and charges. VCAT can impose penalties, reduce credit charges, or both.

Both the credit provider and the consumer will generally use a lawyer to present their case.

An applicant should contact VCAT and ask for an application form for the Credit List. VCAT is located at:

Under the new national laws (see: "The National Credit Reform package", above), VCAT will be stripped of its jurisdiction in relation to causes of action under the Credit Code. Rather, disputes arising in Victoria under the new Code will have to be issued in either the Federal Court, the Federal Magistrates Court, or the Supreme, County or Magistrates' Courts of Victoria.

The new laws allow certain applications under the new Code to be elected by the applicant to be filed as "small claims proceedings", provided they are filed in the Magistrates' or Federal Magistrates Courts. However, some such applications will only attract the small claims jurisdiction if they are valued at, or involve a contract valued at, less than $40,000. Like the current regime in VCAT, small claims proceedings will be subject to a presumption that legal costs are not awarded against unsuccessful parties.  

The details of the new national jurisdictional framework are set out at Division 2 of Part 4-3 of the National Consumer Credit Protection Bill 2009 (Cth). The small claims proceedings rules are set out at section 199 of the Bill. If you are proposing to litigate under the new regime, it is important that you seek legal advice in respect of such matters.