• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


A Court or Tribunal: Make a Strategic Choice

One of the secrets to litigation success is making smart and informed decisions on where to bring your claim. This is not merely an administrative decision. It is a strategic decision which will set the tone for your case and how you can enforce the order.

Experience of the Member or Judge

The person hearing the case in VCAT will often be a person who has business experience relevant to the industry or area of concern. For example, in the ‘goods and services list’ the Member may have previous experience operating a restaurant or small business. This business experience gives the Member more than just a theoretical understanding of the industry and law that applies to it. On the other hand, a Judge’s career would have been consumed by their work as a lawyer and barrister.

Considering the different experiences, we often recommend complex legal disputes be issued in Court. However, if you are going to represent yourself or are a consumer bringing the claim, VCAT is likely to be more beneficial for you.

Constraints of Evidence

VCAT is not confined to the same rules of evidence as the Courts are. This means it is easier to rely on documents and conversations to prove your case. This is a great advantage if your documents would not usually be accepted by the Court.


In our view, the Courts are quicker to make a judgment if the other side does not defend the proceeding. This is because the Courts have a default procedure, where they will approve a judgment immediately after the time for filing a defence has expired.  On the other hand, in VCAT, you will have to apply for an early judgment and often need to attend a hearing. At the hearing, you may need to still go through the process of producing all of your documents and convincing the Member to make a final order.


VCAT is a ‘no costs jurisdiction’. This means that a successful party has no entitlement to an order that their legal costs be paid by the other side. The tribunal will only award costs in exceptional circumstances, such as where the other side has failed to comply with previous orders. In our experience, it is very rare for a costs order to be made.

On the other hand, a successful person in Court will generally get an order for costs. The general rule is that costs will be awarded on the Court scale, which equates to approximately 50% of out-of-pocket legal costs. Given this entitlement, it is beneficial for you to bring the claim in a Court if you have a lawyer representing you.

Enforcing the Successful Order

Having an order, does not guarantee payment. You must then take steps to enforce the order. This is more straightforward as a Court order is immediately enforceable through the Court system. However, VCAT does not have enforcement procedures – which means you must first register the order with a Court. This is a straightforward process but allows the other side a further opportunity to delay payment.

These are all factors which our experienced litigation lawyers at Taurus Legal Management take into account, prior to deciding on whether to issue proceedings in a Court or VCAT. If you need assistance with your claim, please contact us on (03) 9481 2000 or info@tauruslawyers.com.au.

Posted by ssdl