Leave to Appeal Under Section 148 of the VCAT Act

In this CPD, Emrys will explore two specific and current topics affecting applications for leave to appeal from an order of the VCAT under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic). 

First, by reason of the decision of the Court of Appeal in Metricon Homes v Softley (2016) 49 VR 746, and subsequent legislative amendments, future leave applications will be judged by reference to a statutory scheme (including a “real prospect of success” test), instead of the guidance given by Phillips JA in Secretary to the Department of Premier and Cabinet v Hulls [1999] 3 VR 331. This is an opportune moment to review the differences between the old and new schemes.

Second, the debate about the importance of the applicant (or her lawyers) including one or more questions of leave in the application documents has continued.  Emrys will describe the current state of the law on the significance of including a question of law, and provide some suggestions as to how to go about drafting one.

There is no cost to attend this seminar.