Faster decisions for big cases at VCAT
Through out 2009 the outgoing President VCAT, Justice Bell, headed up a review into VCAT’s procedures and handed down a report incorporating 78 recommendations which are now being be enacted.
One recent significant change has seen the introduction of the Major Cases List (MCL) at VCAT. As of May 3, 2010, developments valued at more than $5 million dollars will be eligible to participate in this new appeal process. Features of the new Major Case List include:
- Automatic listing on MCL for large scale development appeals;
- Permit applicant can seek to have the matter withdrawn from the MCL;
- Automatic listing of the following as part of the process:
- A practice day hearing 4 weeks after lodgment
- A mediation date 6 six weeks after lodgment
- A full merits hearing 12 weeks after lodgment
- Decisions will be issued within 16 weeks of lodgment
- Generally no adjournments will be allowed;
- Any such adjournments are likely to result in the matter being delisted from the MCL and put in the queue with all other cases;
New practice notes relating to the Major Cases List are available on VCAT’s website. It is considered that the introduction of the MCL will greatly assist in ensuring that significant projects are determined as quickly as possible on appeal.
Faster decisions for little cases at VCAT
In addition to the Major Case List (discussed above) which started this month the Tribunal has also announced that it will soon be commencing a new “Short Cases List”. The Short Cases List will be designed to expedite smaller cases that generally take less than 1 hour to be determined. It is expected that this new processing option will replace the existing ‘Prompt and Final Hearing’ process. Announcements relating to these new procedures are expected over the next couple of months. This new option could be of substantial benefit for all those little issues that are often not appealed to VCAT (like unreasonable RFI requests) due to expected time delays. Time will tell. We will keep you updated.
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Last updated 021008