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Complaints & Reviews

Jun 27, 2018

Victorian Civil and Administrative Tribunal [VCAT] — vcat owners corporation list money trail - documented - vcat is corrupt

Obscured Conflict of Interest - See the attached image 1. OC managers takes OC trust account 'interest' 2...

Victorian Civil and Administrative Tribunal [VCAT]vcat - "responsible to no one and answerable to no one..."

VCAT - "Responsible to no one and answerable to no one..."

Read this letter sent to the principle registrar of VCAT by a resident from Knoxfield:

Dear VCAT,
I won’t be attending this hearing as I have already wasted too many days off work at previous VCAT hearings.

There is no point in putting in a written submission based on my own objections to this development as VCAT (Victorian Civil and Administrative Tribunal) have publically stated that concerns/objections by members of the public do not count and won’t be taken into consideration.

In every VCAT[1] case that I have been involved in across our local area the developer has always managed to have the council refusal overturned despite council rejecting their applications and many local residents posting valid objections.

The developers legal council are extremely well prepared and no expense is spared in the preparation of their case. They can hire lawyers & barristers to search every loophole and rubbish every legitimate objection by council and members of the public. They regularly submit revised plans at the VCAT hearing, at the last minute, to win favor in their cases (I have seen this on many occasions).

VCAT is not the unbiased umpire that it was originally intended to be. It is now a defacto planning approval body with no real interest or knowledge of the local area where these inappropriate developments will be built.

VCAT is responsible to no one and answerable to no one.

If VCAT were truly unbiased then the majority of rulings would confirm the local councils professional planning assessments. Instead we see the majority of council rejections overturned in favour of the developer despite them not meeting local council approval.

There is a huge public groundswell of resentment across Melbourne at the way developers can use VCAT to circumvent valid local council decisions and completely ignore local residents objections and concerns.

VCAT must be drastically overhauled before residents and councils can have any faith that it is a fair and just umpire in planning review decisions.

ABC news report on council anger at VCAT powers.

[1] [CAT stands for the Victorian Civil and Administrative Tribunal. It is supposed to dispense justice cheaply and democratically for Victorians. But it has become expensive, biased and corrupted to satisfy developers.

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    • Updated by Billy99 · Apr 05, 2017

      McDonalds at Tecoma an example of unwanted "planning"

      The issue of the undemocratic and invasive building of McDonalds fast food outlet in Tecoma is a perfect example of VCAT's corrupt approvals, contrary to the interests of local communities. The people rejected and plans, along with their local MP and the Council. However, VCAT gave the green light, with no regard to the objections.
      What's the point of a democratic government when "planning" has become corrupt and streamlined? It's all about the power of big businesses and property developers over the common sense and values of local communities - such as the one in the Dandenong Ranges.
      Hundreds of locals met at the Burrinja Centre in nearby Upwey yesterday and pledged to continue to blockade the construction site and up their online campaign by appealing to Victorian politicians on Twitter.
      "The Premier needs to get involved. If he was he could negotiate with McDonald's and they could bow out of this gracefully, " protest leader Mr Muratore said.
      However, the Premier is hiding behind his office, and VCAT. He's failing to provide any leadership and courage.
      McDonalds is using a non-union company to do the demolition, but they will use a union company for the construction. So, McDonalds is not built yet!
      http://www.heraldsun.com.au/news/victoria/tecoma-mcdonald8217s-protesters-plan-next-move/story-fni0fit3-1226695104901

    Victorian Civil And Administrative Tribunal — Their 'orders' are worthless

    More 4 VCAT Victorian Civil and Administrative Tribunal are Absolute Toothless Tigers, big toothless CATs!...

    Melbourne

    VcatOwners Corporation list - tips for self representing

    Tips for self representing at VCAT’s Owners Corporation List

    The VCAT Owners Corporation list is fully funded by the Victorian Property Fund, which in turn is funded by Real Estate Agents and Owners Corporation Managers.

    Consequently a ‘conflict of interest’ exists. VCAT is certainly perceived as having a bias towards managers. They not only refuse to rule against managers and OC’s, but they protect them by coming down hard on any owner who dares to complain.

    The linked article from The Age below, is only a small sample of the bias.

    http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-20130205-2dwj0.html

    However, if you decide to represent yourself against an Owners Corporation how can you ensure you get a fair go – well the fact is you can’t, but the following tips may help.

    Agreeing to solicitor representing the OC: The members have the power to allow solicitor to represent managers. However, they will ask if you mind if the OC being represented. If you say you don’t mind then you are agreeing to the solicitor representing against you, then because you agreed to it this makes it easier for the member to order you to pay costs. (Yes, solicitors are not supposed to represent in cases under $10, 000, and Members are not supposed to order such legal costs against owners – but remember the laws are only a guide to VCAT members)

    Financials: If you have previously voted to accept the financials then members will say you accepted them so you can’t now complain. A simple fact is that it’s not illegal to change your mind. If circumstances change that now show the financials do not add up, say that to the Member.

    Voting, abstain from voting: Because of the above it’s best if you always abstain from any OC voting. Including financials and other issues.

    Documents - how to get: Owners Corporation Managers are notorious for not providing OC document inspections as required by the OC Act. mbers are just as notorious for not ordering Managers to do so. This denies the owner viewing documents. To get documents quote the Corporation Act, “Section 144 etc”.

    Documents: don’t let member charge you ridiculous fees to view/copy documents. By the Act you are allowed to inspect the documents at no charge. Take your own scanner or camera to copy documents.

    Take a witness to inspect documents, otherwise the manager may claim he refused to show you documents because you became aggressive, or that he showed you all documents when he in fact refused. If you have these types of issues sigh an affidavit stating exactly what happened.

    Confirm with the member what you should do if you don’t get documents. This way when you go back to VCAT complaining that the manager refused to show you documents, the member can’t abuse you for wasting time, because you are following their previous direction.

    Don’t be fooled into believing you’re guilty: Member may intimidate you, and make you feel guilty. Once you start to doubt yourself you’re as good as done. Don’t be intimidated by Members ignoring or denying your claims, or gesturing and yelling at you.

    Take a witness. This makes it harder for member to unfairly rule against you. But a warning, the member will try and discredit you in the eyes of the witness, and once he’s done that he will whitewash against you. You need a witness who is legal savvy. Someone who knows how VCAT works.

    Don’t stay silent when the member makes significant claims against you, because this means you are effectively agreeing. They now become legal because you agreed.

    OC opens with a mass of false irrelevant claims: OC solicitors may open with a list of insignificant and false claims, including details such as dates to upset the owner, The Member may play the game and stare the owner down at the same time. This is an attempt to upset you. Take notes, and answer each claim in turn. This will make the solicitor look foolish, and show the members that you are not his fool.

    Member questioning Owners Corporation or its solicitor: To make it appear that no bias exists, Member will only ask the OC representative questions they know they can answer. For example they may seemingly demand copies of the VCAT application form, knowing full well that if the OC does not have a copy they the member will just that he has a copy in his file (The member will first look through his file and act surprised that they are in it).

    Have the orders written properly. This is classic Barry Josephs. The member writes the orders in an obscured way then denies the orders at a latter hearing. For example he leaves off dates, detail, etc. Don’t trust members with orders – insist that they are written as stated.

    Audio: Don’t think that if the member is blatantly ignoring law that you can get audio and appeal. Members audit hearing audio. This includes any silly claims, abusive comments, manager & solicitors comments that indicate guilt.

    Act only applies against owners, - don’t get upset. In a serious case, if an owner, try to put claims against a manager, the member will dismiss them or view them as trivial. They are hoping to upset owner – because this gives the member an excuse to whitewash against the owner.

    Dont claim fraud or make serious allegations without getting documents/proof first.: VCAT members despise anyone who claims any owner who effectively claims fraud against a manager. Never claim fraud unless you already have the documents, because there is no way will Members give you access to documents if they think you may use them to claim fraud.

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      VCAT Tribunal — Edited hearing audio

      V CA T provides audio of the hearings at a cost. However, the members edit the audio. If you want to complain...

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      Vcat — Conflict of interest

      I went to Consumer Affairs Victoria to complain. Despite the blatant rip-off the so-called watch dog abused...

      VCAT Tribunalconflict of interest

      Anyone with anything to do knows that this tribunal is biased, with many decisions made before hearings and evidence is heard.

      VCAT is funded by these funds

      Residential Tenancies Fund
      Domestic Building Fund
      Guardianship and Administration Fund
      Retail Tenancies Fund
      Legal Practice List
      Victorian Property Fund
      Health Boards

      What does this mean.

      If you're against someone who pays money to the above then that person is also funding VCAT. In turn VCAT will show a bias towards this person or company.

      An example is the funding from the Victorian Property Fun. Owners corporation managers fund this list. If you're against a manager on this list you lose, it's as simple as that.

      Don't trust VCAT judges or members.

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        • Km
          K Murry Feb 06, 2016

          Had my VCAT hearing tribunal a few days ago - I wasn't allowed to speak and they ignored facts. Insisted that i had no rights to see Owners Corporation papers etc, despite law saying otherwise. VCAT shrugged shoulders when the actual law was raised, saying the law was used only a guide at VCAT, that common sense prevailed?. The manager was caught 3 times fibbing, but VCAT ignored it, and accepted his word at rotten face value. VCAT claimed that Professional managers don't ave inappropriately, a nd warned me not to waste time with claims against him? Wish I checked out VCAT online first. What's the point to go through all this, only to be yelled at and abused like as criminal. Enough is enough. VCAT and the Justice System stinks.

          0 Votes
        • Co
          corruptvcat Apr 25, 2018
          This comment was posted by
          a verified customer
          Verified customer

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          Law & Civil Rights Victorian Civil and Administrative Tribunal [VCAT] Customer Service VCAT corrupt - prrof
          VCAT corrupt - proof / VCAT corrupt - prrof
          1 Victoria, Australia Review updated: Apr 24, 2018
          5 comments
          Is the VCAT owners corporation list corrupt?

          I give you 10 facts.

          Fact 1. The owners corporation law allows managers to transfer money from the owners pool to their own private bank account. This means if a manager steals money from the pool, the Police will not act, as by the law it’s perfectly legal (OC Act, Section 27)

          Fact 2. Due to how VCAT interprets privacy laws, some owners corporations can not even access their own accounts. They are forced to trust the manager.

          Why does VCAT & the law refuse to allow owners to access their own owners corporation account???

          Fact 3. Managers take the interest of the owners account and pay it to the Victorian Property Fund. From this fund more than a million is paid to VCAT yearly. (Eg: SCA Annual Report AGM 2014 page 18. VCAT Annual Report page 53).

          Effectively, managers are stealing the owners money to pay-off VCAT.

          Owners know nothing of this.

          Fact 4. In 2012, the VCAT President invited managers and their lawyers to meet him on a regular basis. Since this time they have regularly met and discussed how VCAT should run cases. (Eg: VCAT Annual Report 2013-14, page 28).

          Owners are not permitted to attend.

          So can VCAT’s President be relied upon to protect owners when meeting with the managers and their lawyers?

          Is he fair?

          Fact 5. The VCAT president himself was involved in a controversial tribunal case against a property owner.
          A water company cuts off the water to a property making it worthless. The water company then forces the owner of the property to sell it to them, dirt cheap. When the owner appeals for justice, the tribunal ruled that the water company had the right to do this, and orders the owner to pay all legal costs for complaining.

          Yes, it was our VCAT President who represented the water company.

          How did he do it?

          It certainly appears that the VCAT president deliberately fabricated a mass of evidence against the owner, and presented it as fact to the tribunal. It appears the judges were fully aware of the fraud. Details of this extraordinary case, and what the President and judges got away with, is on the website courtsontrial.com

          This is not an official legal website however, if the fraud allegations are false, how could someone openly get away with making false claims against our esteemed VCAT President?

          Fact 5. VCAT, with the manager’s funding it, the user group, and the Presidents dubious past, and more, appears loaded with conflicts of interest

          So do owners get a fair go at VCAT?

          Fact 6. Owners win less than 5% of cases at VCAT (http://www.austlii.edu.au/au/cases/vic/VCAT/).

          Fact 7. This Age article titled “Rip off managers” highlights the bias against owners (http://www.smh.com.au/national/rip-off-body-corporate-managers-stay-registered-[protected]dwj0.html).

          It humorously refers to a manager who was repeatedly taken to VCAT . The manager even admitted charging owners for water supplies to individual car parks. In another case he allegedly took $10, 000 from an owners corporation’s account that had sacked him, because it was summer and he wanted air conditioners to cool himself (Not listed in article).

          VCAT continually refused to rule against him. After an outcry he finally he lost a case, and in the article says he only lost because he did not turn up. With this statement, he appears to be ‘bang on the money’.

          If VCAT, its president, judges, lawyers or even employees read or hear this, they will act horrified.

          “You’re saying VCAT’s corrupt, how dare you… vexatious!

          Vexatious is the argument that lawyers use when their crook has no defence. It’s a boring, lazy, cliché defence. It takes no skill, research or effort to claim vexatious, and it appears it’s exactly how VCAT deals with ‘difficult’ owners (VCAT Act, Sections 75, 79, 109)

          Fact 8. When VCAT rules an owner as vexatious, it not only dismisses the case But orders the owner to pay all the manager’s legal costs. This can cost the owner from hundreds up to $30, 000, or more. Not only does the owner lose the case, not get back owed money, and be ordered to pay all costs, but the same manager is free to carry on ripping off the same owner

          Fact 9. An overwhelming majority of lawyers not in VCAT’s inner circle, despise VCAT for its lack of due process, fairness and natural justice.

          A final fact

          Fact 10. Lawyer James Johnson, a solicitor and barrister of the High Court of Australia, has openly referred to VCAT as a criminal Star Chamber, and the corrupt nature of the VCAT President and others at VCAT, by name. (http://jamesjohnsonchr.wordpress.com/2013/01/21/all-the-attorney-generals-men-vcat-political-crime-spree-show-trial-j1342011/).

          VCAT and its members are just another proud ‘lawyer joke’.

          VCAT owners corporation list - exposed

          Pe peter cuterjar Jan 5, 2015
          More VCAT corrupt - proof Complaints & Reviews
          Barry Josephs, McCabe Terrill and VCAT - Corruption [27]
          VCAT owners corporation list - exposed - Corruption [4]
          Vcat - Conflict of interest [1]
          Vcat - Gregory Garde [1]
          Victorian Civil And Administrative Tribunal - Their 'orders' are worthless [1]
          Victorian Civil and Administrative Tribunal [VCAT] - vcat - "responsible to no one and answerable to no one..."
          Vcat - Owners Corporation list - tips for self representing
          VCAT Tribunal - Edited hearing audio [1]
          VCAT Tribunal - conflict of interest [1]
          VCAT Owners Corporation List - Rip of owners to help managers [1]
          Sort by: Date | Rating
          Comments
          To  tommidson 9th of Jan, 2015
          0 Votes
          VCAT - pathetic.

          Reply

          Reply
          Ga  Gary Faye 15th of Jan, 2016
          0 Votes
          The VCAT Victorian Civil and Administrative Tribunal is an Absolute Toothless Tiger, a big fat toothless CAT! Their 'members' (aka wanna be judge but without the brains or the legal clout)are incapable of intelligent thought let alone deciphering law! They are also dogs who are always on the side of the dollar, ignoring basic law and contractual terms. They are NOT the judiciary, they are not the law. They ultimately have to rely on the courts to reinforce their 'orders'. In other words they are A JOKE, and only set up to pretend to be the law. The entire semi legal structure and style is frankly a joke- it is only a matter of time that people realise that it is nothing more than a public wasting of our tax money. What use is a ' semi legal' but not really juridical organisation anyway, its an administrative system to allow high paying jobs to useless 'members' that are in fact nothing more than a butt without its powers. When these butts get lost they cower behind their desks, pull faces and bully. When challenged they deny the law and edit the hearing audio. They leave situation untenable because of their lack of care and ability. No one with honour works at VCAT, and those who support it, such as its inhouse lawyers etc, are nothing but another legal joke.

          The tribunal is funded by the below

          Residential Tenancies Fund
          Domestic Building Fund
          Victorian Property Fund
          Retail Tenancies Fund
          Health Boards
          Guardianship and Administration Fund
          Legal Practice List

          If the opposing party pays money to these funds you are stuffed. VCAT follows the dollar. Pay VCAT through the above funds and you literally can’t lose a case.

          Reply

          Reply
          Ho  hood4 17th of Mar, 2016
          0 Votes
          I laugh at VCAT, its President, members, and its so-called Act.
          Do you want to see a legal joke in action? Go to a VCAT hearing where VCAT is funded by one party as above.
          The law means nothing - Absolutely ridiculous, a baby tribunal...

          Reply

          Reply
          Ro  Robin Paren 23rd of Apr, 2018
          0 Votes
          VCAT continues to allow the abuse of disabled self representing litigants complaining about discrimination. You end up copping more abuse than what you first complained about. I have considered killing myself.

          Reply

          Reply
          Co  corruptvcat 12 hrs 53 mins ago
          0 Votes
          1. I have a VCAT Order made by Mr I Lulham. Mr Lulham made a decision that was materially different to the subject matter (concerning a fire safety issue). The other party to the case was a State Government Department. Why did Mr I Lulham sign the order as a VCAT Member, only to be promoted to a VCAT Deputy President four months later?

          2. Why was ordinary VCAT Member Campana promoted directly to Deputy Head of the Residential Tenancies List a few months after making a VCAT decision in favour of former Prime Minister, Tony Abbott's daughter?

          3. After appealing Senior Member Barker's decision (in favour of a State Government Department) to the Supreme Court my pro bono barrister was offered a position as a sessional VCAT Member. That wouldn't have anything to do with Ms Barker being promoted to the position of Head of the Residential Tenancies List in this period would it?

          0 Votes

        VCAT Owners Corporation ListRip of owners to help managers

        VCAT owners corporation manager refuses to respect the law. There manager Sandor Csapo is allowed to do as he wishes, such s charging GST tax when not registered, apply illegal fines, charging for non existing work. When caught out he refuses to refund. VCAT refuse to take action against their manager.

        Read below for detail as taken from The Age newspaper.

        BODY corporate managers accused of ripping off Victorian home owners are retaining their government registration, even after facing court sanctions or criminal charges. In one case, an owners' corporation manager who has run properties and developments for 38, 000 Victorians has been the subject of multiple complaints but still retained his registration.

        The alleged misconduct of Sandor Csapo highlights gaping holes in the regulation of the industry that expose Victorian owners and investors to significant losses. This year, he was charged with fraud offences in connection to his management of a 45-unit Latrobe Valley nursing home.

        In November, Csapo was sacked from a large Melbourne CBD development by owners who are facing hundreds of thousands of dollars in contested fees. They include large water bills charged to owners of car parks with no water supply. Owners from other developments have repeatedly taken Csapo to the Victorian Civil and Administrative Tribunal, including a case last year in which he was ordered to pay $16, 800 to the body corporate of the Seabrook residential development in Point Cook.

        Another body corporate in Melbourne is facing bills of up to $120, 000, after construction organised by Csapo's company was condemned by the council. Csapo is still registered by the Business Licensing Authority via his company Shanga Pty Ltd and told Fairfax Media that, despite his recent problems, he has recently been hired by several more Victorian owners' corporations.

        Csapo said he had ''made the wrong call'' by re-creating several lost receipts linked to his management of a Moe nursing home complex - conduct for which he is facing criminal charges.

        But he said he had rectified this ''mistake'' and most complaints about his conduct arose because owners' corporations often misunderstood the industry regulations under which he operates.

        Csapo said he did not know how many times he had been taken to VCAT, but said that he had only lost his case against Seabrook because he was too ill to attend the hearing. He agreed with a view held by several body corporate members who contacted Fairfax Media to complain about his conduct. ''I believe the whole industry needs a shake-up, '' Csapo said. ''The laws are appalling and they don't protect anybody.''

        There is almost no regulation and oversight of the state's 500 or so owners' corporation managers, with body corporate members often left with no choice but to take unresolved disputes to VCAT. Similar problems exist in other states.Even in a successful case, the money VCAT orders an owners' corporation manager to repay is rarely seen. Csapo has not paid the $16, 800 he owes Seabrook owners.

        While many of the state's owners corporation managers have good reputations, some in the industry have privately conceded that substandard managers are never held to account due to lax regulation.

        Up to 300 investors were stung in 2009 after Mark Baranov, a former director of the Dodo internet company turned owners corporation manager, failed to pay rent owing on CBD storage units he managed. It took until November last year for corporate watchdog ASIC to give Mr Baranov a two-year director's ban in connection to his activities as an owner's corporation manager between 2003 and 2009.

        The owners of more than 300 car parks at 55 Franklin Street in Melbourne's CBD, who sacked Csapo in December, are facing the prospect of a freeze on rent payments to cover almost $250, 000 in debts. In 2001, the car park development promised investors a 7 per cent return. The car park owners face an additional hurdle that has nothing to do with Csapo. A caveat held by commercial interests linked to dead underworld boss Mario Condello has prevented the sale of several car parks that have failed to pay body corporate fees for years.

        Csapo stalled the handing over of financial records from the Franklin Street development, arguing that he was entitled to do this because some of the members had not paid their bills. Since his sacking from the site, owners have begun auditing these records and discovered several discrepancies. Csapo denied that he was responsible for these anomalies, claiming that a subcontractor he hired to manage the car park was to blame.

        The state government has committed to registering all owners' corporations managers in a new national system that will be in place by the end of this year. But this will not lead to any more oversight or enforcement.

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          • Ba
            Bakerbroke Apr 21, 2015

            It's well documented that the owners corporation list is rigged against owners. Manager effectively payoff VCAT through the Victorian Property Fund. Ever wondered why Consumer Affairs Victoria also refuse to expose corrupt managers - they manage the Victorian Property Fund, and thus organize managers funding VCAT. This is how the legal system works in Australia.

            0 Votes

          VCAT corrupt - proof — VCAT corrupt - prrof

          Is the VCAT owners corporation list corrupt? I give you 10 facts. Fact 1. The owners corporation law...

          VCAT owners corporation list - exposed — Corruption

          Is the VCAT owners corporation list corrupt? I give you 10 facts. Fact 1. The owners corporation law...

          Melbourne

          VCAT Owners corporation list - The cat's out of the bag — VCAT Owners corporation list corrupt

          Are you an owner who’s been harassed and bullied by a VCAT member? Managers wholly fund VCAT’...

          Melbourne

          The complaint has been investigated and
          resolved to the customer's satisfaction
          Resolved
          VCAT Victorian Civil Administration Tribunal — hired gun VCAT members

          “Hired gun VCAT members” VCAT fails its own mission statements of being a low cost, accessible...

          VcatGregory Garde

          Misled Tribunal under oath against an innocent property owners. Absolute legal scammer who has a vexatious stance against property owners. Abuses position of trust, and what a joke that position is.

          Further details here.

          http://courtsontrial.com/index.html?page_id=11

          Gregory Garde

          Add your opinion

            By clicking Submit you are agreeing to the Complaints Board’s Terms and Conditions

            Barry Josephs, McCabe Terrill and VCAT — Corruption

            Barry Josephs, Consultant at McCabe Terrill and VCAT member. Don't trust, blatant liar under oath...

            Melbourne

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