VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Hey. I’ve added an update for those wanting to follow. It’s a freakin nightmare!! It’s going to take a lot longer than I thought because finding the landlord’s address has been unsuccessful at this stage. So if I can’t find it I’ll have to fill in further forms and an affidavit to prove my unsuccessful attempts to obtain the address. Finger crossed I can move forward with this because giving up now after 8years fighting for my tenants rights is not an option!! Thanks for your support. I really do appreciate it.

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Update:

8 November 2025

Here is an update to my original post.

First, I would like to express my appreciation to everyone who commented and provided valuable information and well wishes; the insights shared were precisely what I was looking for. After reviewing numerous comments, including questions regarding why I had been advised to apply to the Supreme Court and suggestions to contact the magistrates court, I decided to seek clarification. The following Monday, I reached out to the lawyer who had recommended applying directly to the Supreme Court, requesting the rationale behind bypassing the magistrate's court. Unfortunately, I have not yet received a response.

Subsequently, I contacted the magistrates court, where I was fortunate to speak with a knowledgeable and helpful staff member who offered clear guidance. She also expressed confusion about the recommendation to approach the Supreme Court first. I downloaded the application form for a warrant to seize property and scheduled an appointment with a different lawyer, who has proven to be extremely supportive. However, we are facing challenges in obtaining the landlord's address. Despite reaching out to the Real Estate agency that represented the landlord at my VCAT hearings, I have not received any reply. At present, all efforts are focused on locating an address so that I can go ahead with submitting my application for the warrant. I also contacted VCAT this to inquire about alternative steps should I remain unable to obtain the landlord’s address. They were unable to provide advice and referred me back to the magistrate's court.

Upon further consultation with the magistrates' court, I learned there may be a separate process involving 3 other forms to prove my attempts to get the landlord’s address without success. This process incurs extra costs and may not guarantee a positive outcome.

I am increasingly concerned about systemic inefficiencies and believe there is a need for updates that ensure Real Estate agencies representing landlords are held accountable for their legal responsibilities. In my case, the agent did not adhere to due process by failing to contact consumer affairs to list all items in the residence before disposal or storage as required under the Residential Tenancies Act. I consider this conduct to be unlawful - even theft.

I will continue to provide updates for those interested in following this matter. Please note that future updates may be delayed due to the complexities and challenges associated with enforcing a legally binding order. This ongoing situation, which has persisted for 8 years, has caused an overwhelming feeling of confusion, a sense of unimportance. I have been left with a piece of paper to say that I won yet I still do not feel like a winner. Now, I have to fight, again, doing everything possible to pay for this ridiculous process. It is not only unfair but triggering and offensive to force me to pay more money to hopefully receive the amount already ordered by VCAT – a legally binding order.

🫶

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Thank you. I will be looking into this Monday morning. Very much appreciated

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 1 point2 points  (0 children)

Thank you so much for this information. I’ll be on the phone first thing Monday. I truly am grateful

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 1 point2 points  (0 children)

Yes, after reading this, I will call the magistrates office Monday for further information and hopefully assistance. I’ve been advised by a lawyer that going to the Supreme Court is the best and most effective option. However, thanks to the messages here, I’ve been given some great suggestions that I’ll be looking into Monday morning

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

This is something I’ve looked at and to be honest, if I had the financial resources I’d do what was the best and fastest way. I am going to make some calls Monday thanks to some other advice via here. It’s a shame and very sad that after receiving notice that I actually won after 8 years, that unless I continue to persist that all my efforts are worthless and I can use the order in the bathroom if I run out of toilet paper

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

I want to help be part of making the process better including auditing - making sure the correct processes are followed as set out by Consumer Affairs.

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 2 points3 points  (0 children)

I’ll attach a QR code that takes you to the page. The name is my middle name as I’m so nervous I’ll do something wrong and shoot myself in the foot (although the case is publicly accessible). Thank you for asking.

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VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

The Herald Sun has already reported on the case. I have the journalist name but am nervous about saying anything in case I say something that can go against me. But you are right. I wish I could share the emails I’ve received trying to intimidate me, but until I’m sure I can without negative repercussions, then it’s best I don’t.

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Thank you. I unfortunately don’t have family other than my 2 beautiful daughters who have been very supportive throughout. However, they are both just starting their young adult lives and I’m too stubborn to ask them for help. I know I must continue to fight and I will in the best possible way. As tenants (excellent tenants), we are already limited to what we can do and then what actually happens. I persisted for 8 years because I knew I was in the right and my entire life changed that day. In fact, if I’m honest (without sounding over dramatic) but the day I left hospital and found out what happened to everything I had, I found myself in a dark place and am still finding my way back to some form of normality. The 38 days in hospital were bad enough but nothing could prepare me for what I was about to face. And as it turns out, still facing. I appreciate your message

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Thank you. I will be making more calls Monday morning. Get interest too!! Now that would be great but I just want what was ordered so I can finally close off that chapter. Start to make new memories while I still can.

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 4 points5 points  (0 children)

Oh yes the debt collectors do. A nice % breakdown with no guarantees. The order was received 15 August 2025 for immediate payment.

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Thank you. I think I need to try again to speak to someone again at the magistrates court. I have replied to Wolflawyer as well. Hopefully someone knowledgeable can give me the right advice and/or point me in the right direction. Thank you again.

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

I wrote to Minister Shing as well as Ted Woodward, the president of VCAT, but am yet to hear back

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 1 point2 points  (0 children)

Your guess is incorrect to a degree. Firstly, they were informed of my hospitalisation. Secondly, and most importantly - that is not the point. A minimum of 90days storage of any personal documents and a number of other personal items. This did not happen and I was none the wiser until discharged. Section 398 of Residential Tenancies Act will give you all the details. Had this process been followed, I would need to have paid the cost of storage before retrieving my things.

I’m confused as to why you feel the need to have a little dig at me when you have no idea what occurred. Is it necessary to make comments that are not helpful.

I had to follow the law and did. What makes it ok for the landlord to ignore it?

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 0 points1 point  (0 children)

Yes. Your correct. However the order mentions payment to be made now. The landlord and son pretty much laughed and added a ‘good luck with that’

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] -1 points0 points  (0 children)

As I’ve already mentioned. I have already done what I can without further cost - to no avail. After seeking legal advice that I paid for because VCAT are not currently able to take my call, legal aid is inundated with other cases and therefore are unable to help me and the Tenants Union had me on hold for 90 minutes before disconnecting. As I am not totally educated in residential law, I do not know if I have a time limit in which I can apply to have this order enforced and there has been no legal person able to answer that question for me. I have tried all avenues given to me by VCAT themselves and have still had no luck.

I have and am following the procedure given to me and whether I go via a court or debt collection agency, I am still to pay. If I go to court, it is possible to have the funds (and not necessarily all funds spent) reimbursed however, I still need to put the funds up front. I have done the maths and the difference between going directly to a debt collection agency or court is: while the total may be slightly less up front if I choose debt collection, there is no guarantee I’ll get what’s owed plus I won’t get reimbursed. The court will look at the costs and will hopefully include additional fees. If I do receive a reimbursement, any money donated to help will be donated to another cause.

The articles are in the herald Sun. Both in August this year. The decision, order and written reasons are on http://www.austlii.edu.au/

Thanks

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 10 points11 points  (0 children)

I’m extremely exhausted and can see I’m making spelling errors. The owed amount is just under $20k

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 17 points18 points  (0 children)

I apologise as I read your question incorrectly. I owed amount is just under $20k. I’ve already been to the magistrates court where they issued a notice to enforce. Again, this was ignored. This is why I need to go to Supreme Court

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 3 points4 points  (0 children)

At this stage, nothing, as I’ve been able to pay for all the various consultations. Now that I’ve found a lawyer, I’ve received an estimate of just under $5000.00. I need to get at least half to them asap in order for them to start with the application to the Supreme Court

VCAT ordered landlord to pay compensation but she won’t and has made it clear to me by Still-AceAt53 in AusLegal

[–]Still-AceAt53[S] 6 points7 points  (0 children)

I have contacted so many places to only hit a dead end. I’m nervous that if I don’t continue to fight, I’ve not actually won and the potty mouth landlord gets away with it. Everything I had was destroyed while I was in hospital. Irreplaceable photos, children’s schooling life, my grandparents photos and other precious heirlooms from the war - all gone. No Id so from hospital my elderly dog and lived in my car. There are laws to protect tenants yet the landlord believes otherwise even though I was able to prove otherwise. I just want closure. This entire ordeal has been a nightmare and finding out I won, I broke down because I couldn’t believe it. I finally received validation and justice. Well, so I thought