Retirement Villages Act 1986

On application under section 16G(1) or (2), VCAT may make the following orders—

an order restraining any action in breach of the residence contract, management contract or other retirement village contract, or provision of this Act or the regulations;

an order to perform the residence contract, management contract or other retirement village contract;

an order as to compliance with or the effect of a provision of this Act or the regulations;

an order for payment of compensation to any party to the dispute;

any other necessary ancillary or incidental order as determined by VCAT.

In making an order under subsection (1) in a dispute about a notice of termination of contract for breach, VCAT must have regard to whether the purported service of the notice is reasonable and proportionate in the circumstances having regard to—

the considerations set out in section 16A; and

any other relevant factor considered by VCAT.

In making an order under subsection (1) on an application made under section 16G(1), in addition to the matters set out in subsection (1) VCAT must have regard to whether a breach notice complies with section 16C.

In making an order under subsection (1) on an application made under section 16G(2), in addition to the matters set out in subsection (1) VCAT must have regard to whether a notice of termination of contract for breach complies with section 16D.