How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4869
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

I have a VCAT order made against me (my name t/as mybusiness

This answer was rated:

I have a VCAT order made against me (my name t/as mybusiness #1 name) - yet the contract and dispute this order relates to is not in either of those names.

The contract is between the applicant and mybusiness#2 - a totally different name.

At the hearing the VCAT member identified this and she said that she would make an order but as the contract name is XXXXX XXXXX same as the respondent it would be hard to enforce.

As the respondent who has been erroneously ordered against, what can I do now?

The applicant has sent me a copy of the order and a 7days to pay letter or he will (I assume) go to the magistrates court to enforce

The order is in your name however, thus judgement can be made against you and enforced.

All you can do is file an application to appeal the judgement or negotiate to pay a lesser sum.

Please accept
Customer: replied 3 years ago.

The VCAT member stated "I'll make a decision but you most likely wont be able to enforce it as the contract isn't in his (my) name)" - not an exact quote but very close.


So if he goes to the magistrates court to enforce it, can I not demonstrate this flaw there and then?

he can, but the Judgement is in the correct name.

A magistrate can only follow on judgement. It is a matter for you, but i would not run that risk.

Please accept.
Daniel and other Australia Law Specialists are ready to help you