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VCAT Practice & Procedure

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VCAT Practice & Procedure

Date & TimeTBC
Format Seminar, Webcast
Price

Member

$360.00

Non-Member

$480.00

CPD Units 3
  • Professional Skills
  • Substantive Law
Venue LIV, Level 13, 140 William Street, Melbourne View Map

In this half-day session, practitioners will receive practical guidance and expert advice on how to best navigate critical issues when litigating in the VCAT jurisdiction.

Further details below.

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Terms & Conditions

Program Overview

  • VCAT Practice & Procedures - Tuesday 19 Mar
    • 12:15 PM Close
    • 12:30 PM Registration
    • 1:00 PM Opening and Welcome
    • 1:05 PM Do You See What I See? Understanding a Tribunal member’s expectations of matters issued in VCAT

      Providing insights from the bench, this session will cover topical issues for practitioners litigating in VCAT. Learn more about the Tribunal’s perspective on what works and what doesn’t when issuing proceedings and seeking orders, and receive practical tips about dealing with evidence in VCAT matters.

      Topics will include:

      • Practical tips when issuing VCAT proceedings and pitfalls to avoid
      • The Tribunal’s expectations regarding what orders to seek once proceedings have been issued
      • Early return of subpoenas
      • How to deal with documents and evidence when the Tribunal is not bound by rules of evidence

      Presenter: Ian Proctor, Deputy President, VCAT

    • 2:05 PM Making the Most of Compulsory Conferences and Mediations at VCAT

      The aim of any disputed matter is to end it, and mediations and compulsory conferences at VCAT work because they give the parties intellectual and emotional reasons to move from their preferred outcome.

      In this practical session, enhance your understanding of the negotiating process at conferences and mediations in VCAT matters and become a better advocate for your client’s interests.

      Topics will include:

      • Understanding the context of ADR at VCAT
      • The Tribunal’s expectations of lawyers in ADR processes enhanced
      • Admissibility of evidence at compulsory conferences or mediations and confidentiality
      • Useful tips and pitfalls to avoid when representing a client at a VCAT conference

      Presenter: Ian Lulham, Deputy President, Director, Alternative Dispute Resolution, Victorian Civil and Administrative Tribunal
    • 3:05 PM Afternoon Tea
    • 3:15 PM Appealing VCAT Decisions

      Examine the appeals process for VCAT decisions and develop your understanding of the threshold tests for appeals in this workshop-oriented session. Learn to identify key appeal grounds through a discussion of recent cases on leave to appeal, examining the legislation considered in those cases as well as the parties’ arguments.

      Presenter: Alastair Ritchie, Barrister, Victorian Bar

Further Details

  • Full Description

    In this half-day session, practitioners will receive practical guidance and expert advice on how to best navigate critical issues when litigating in the VCAT jurisdiction.

    Main topics:

    • Tips and pitfalls: From issuing VCAT proceedings to representing your client in compulsory conferences
    • Understanding the Tribunal’s expectations
    • Early return of subpoenas and witness summonses
    • How to handle documents and evidence when the Tribunal is not bound by rules of evidence
    • Appealing VCAT decisions
  • Presenters

    Ian Proctor, Deputy President, VCAT In 1987 Ian became the first lawyer in Victoria acting for involuntary patients under the Mental Health Act 1986 (Vic). His first role in that field was with the Mental Health Legal Centre, followed by the then Legal Aid Commission of Victoria (now Victoria Legal Aid). In 1998 he was appointed VCAT's first principal registrar and was appointed as a VCAT member in 2006. He was later appointed senior member and head of VCAT's General List. Ian currently sits across VCAT’s Review & Regulation List, Civil Claims List, Guardianship List and Human Rights List.

    Ian Lulham, Deputy President, Director, Alternative Dispute Resolution, Victorian Civil and Administrative Tribunal Ian Lulham has been a full-time Member of VCAT since 2010 and is the Head of VCAT’s Civil Claims List, and it its Director of Alternative Dispute Resolution. He was formerly the Head of the Owners Corporations List. Prior to his full-time appointment to the Tribunal, Ian was a partner at Tolhurst Druce and Emmerson where he practiced commercial litigation and was a member of several Law Institute Committees. He holds the post-graduate degree of Masters of Commercial Law from the University of Melbourne.

    Alastair Ritchie, Barrister, Victorian Bar Alastair practices in commercial litigation especially building and construction disputes and property related matters. He is regularly briefed to act on behalf of builders, subcontractors and owners in a wide range of construction disputes in VCAT and in the Courts. He also appears in building related prosecutions and disciplinary proceedings. He has extensive experience in the preparation of Court and Tribunal documents including pleadings and witness statements as well as advice work. Prior to coming to the Bar Alastair was a solicitor at Corrs Chambers Westgarth. There he worked in the firm’s commercial litigation and construction litigation groups.

  • Learning Outcomes

    By attending this session, you will:

    • Achieve greater success litigating in VCAT matters by attaining a more comprehensive awareness of the expectations of Tribunal members
    • Equip yourself with additional skills to help maximise your client’s settlement opportunities at compulsory conferences and mediations
    • Enhance the value of your practice by strengthening your ability to identify and understand the grounds for appealing VCAT decisions