s. 189 advantage if the proceedings are determined by VCAT; and (b) whether that advantage is outweighed by a material disadvantage that would be reasonably likely to be suffered by another party if the proceedings were determined by VCAT. (4) If proceedings are stayed under this section, any party to the proceedings may apply to VCAT for an order with respect to the dispute or matter on which the proceedings were based. (5) If a person applies to VCAT under subsection (4) VCAT must notify the court and on such notification the court must dismiss the proceedings. (6) Subsection (5) does not apply if VCAT refers the matter to the court under section 77(3) of the Victorian Civil and Administrative Tribunal Act 1998. 189 Small claim commenced in court (1) This section applies if a supplier, or person acting on behalf of the supplier— (a) commences proceedings in a court; and (b) the proceedings arise wholly or predominantly from a small claim. (2) The court must dismiss the proceedings if— (a) the court has not yet commenced to hear the matter; and (b) the purchaser has applied to VCAT to have the matter heard and determined by VCAT; and
advantage if the proceedings are determined by VCAT; and (b) whether that advantage is outweighed by a material disadvantage that would be reasonably likely to be suffered by another party if the proceedings were determined by VCAT. (4) If proceedings are stayed under this section, any party to the proceedings may apply to VCAT for an order with respect to the dispute or matter on which the proceedings were based. (5) If a person applies to VCAT under subsection (4) VCAT must notify the court and on such notification the court must dismiss the proceedings. (6) Subsection (5) does not apply if VCAT refers the matter to the court under section 77(3) of the Victorian Civil and Administrative Tribunal Act 1998. 189 Small claim commenced in court s. 189 (1) This section applies if a supplier, or person acting on behalf of the supplier— (a) commences proceedings in a court; and (b) the proceedings arise wholly or predominantly from a small claim. (2) The court must dismiss the proceedings if— (a) the court has not yet commenced to hear the matter; and (b) the purchaser has applied to VCAT to have the matter heard and determined by VCAT; and
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