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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5709
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have a VCAT order made against me (my name t/as mybusiness

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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.
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