Victorian Numbered Acts

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COMPANY TITLES (HOME UNITS) ACT 2013 (NO. 19 OF 2013) - SECT 8

Orders

    (1)     Subject to subsection (2), in determining a neighbourhood dispute VCAT may make any order it considers fair, including one or more of the following—

        (a)     an order requiring a party to do or refrain from doing something;

        (b)     an order requiring a party to comply with this Act, a rule of a company title corporation or service company or a term of a service agreement;

        (c)     an order for the payment of a sum of money—

              (i)     found to be owing by one party to another party;

              (ii)     by way of damages (including exemplary damages and damages in the nature of interest);

              (iii)     by way of restitution;

        (d)     an order varying any term of a contract or agreement (other than a rule of a company title corporation or service company);

        (e)     an order declaring that any term of a contract or agreement (other than a rule of a company title corporation or service company) is, or is not, void;

        (f)     an order declaring the meaning of a rule of a company title corporation or service company or term of a service agreement that relates to a neighbourhood matter;

        (g)     an order in relation to damaged or destroyed buildings or improvements;

        (h)     an order as to the payment of insurance money under any policy taken out by a company title corporation or service company.

    (2)     An order cannot be made under subsection (1) that—

        (a)     alters a person's shareholding in a company title corporation or service company; or

        (b)     winds up a company title corporation or service company; or

        (c)     alters the composition of the board of directors of a company title corporation or service company.

    (3)     In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate it thinks appropriate.

    (4)     VCAT may make any interim orders and ancillary orders it thinks fit in relation to a neighbourhood dispute.

    (5)     In this section, "party" means a party to a neighbourhood dispute being heard and determined by VCAT.



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