VIC: Magistrate's Court (Federal Jurisdiction) Cont.
So for some education purposes following on from my post earlier today, and please if anyone has examples in the Magistrates Court please let me know.
The current issue relates to a claim for bond, the application with the Magistrates Court was not lodged within the time limits specified under Section 419A (being within 14 days of the tenancy terminating). The property manager did reference Section 126 rrequesting an extension of time to apply as we would normally do in VCAT where this situation arises.
The problem is that Section 126 is a section of the Victorian Civil and Administrative Tribunal Act and is of no relevance to the Magistrates Court. The Magistrate has adjourned the matter to allow the property manager time to find some magistrates case law where this section was accepted, however at this stage it is looking that the case will be dismissed as the magistrate does not believe they can apply this section in the Magistrates Court. The Court has jurisdiction over the Residential Tenancies Act in these issues but by the magistrates current interpretation not over the VCAT Act.
We have a potential solution to this issue, thank you to Maureen Barker Greene for her contribution, the property manager dealing with this has emailed the magistrates clerk with the information Maureen commented in this post, hopefully we might have an answer prior to the adjourned date. We will keep you updated on success or otherwise.