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It’s appealing

It’s appealing

By Katie Miller and Brittany Myers

Practice & Procedure Tribunals 


Metricon Homes v Softley & Softley sets out two tests for applications for leave to appeal VCAT decisions to the Supreme Court which have practical implications for practitioners. Last year, the Supreme Court clarified the interaction of provisions regulating applications for appeals from decisions of the Victorian Civil and Administrative Tribunal (VCAT); namely, ss14A–14D of the Supreme Act 1986 (Vic) (Supreme Court Act) and s148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act). The Court confirmed that two different tests apply to applications for leave to appeal from decisions of VCAT, depending on the constitution of the tribunal that made the decision – a result described by Warren CJ as “an anomaly” and “undesirable”.

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