Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 148

PART 5 APPEALS FROM THE TRIBUNAL

Appeals from the Tribunal

148. Appeals from the Tribunal



(1) A party to a proceeding may appeal, on a question of law, from an order of
the Tribunal in the proceeding-

   (a)  to the Court of Appeal, if the Tribunal was constituted for the
        purpose of making the order by the President or a Vice President,
        whether with or without others; or

   (b)  to the Trial Division of the Supreme Court in any other case-

if the Court of Appeal or the Trial Division, as the case requires, gives
leave to appeal.

(2) An application for leave to appeal must be made-

   (a)  no later than 28 days after the day of the order of the Tribunal; and

   (b)  in accordance with the rules of the Supreme Court.

(3) If leave is granted, the appeal must be instituted-

   (a)  no later than 14 days after the day on which leave is granted; and

   (b)  in accordance with the rules of the Supreme Court.

(4) If the Tribunal gives oral reasons for making an order and a party then
requests it to give written reasons under section 117, the day on which the
written reasons are given to the party is deemed to be the day of the order
for the purposes of subsection (2).

(5) The Court of Appeal or the Trial Division, as the case requires, may at
any time extend or abridge any time limit fixed by or under this section.

(6) A party that institutes an appeal must notify the principal registrar.

(7) The Court of Appeal or the Trial Division, as the case requires, may make
any of the following orders on an appeal-

   (a)  an order affirming, varying or setting aside the order of the
        Tribunal;

   (b)  an order that the Tribunal could have made in the proceeding;

   (c)  an order remitting the proceeding to be heard and decided again,
        either with or without the hearing of further evidence, by the
        Tribunal in accordance with the directions of the court;

   (d)  any other order the court thinks appropriate.

(8) If the court makes an order under subsection (7)(c), it must give
directions as to whether or not the Tribunal is to be constituted for the
rehearing by the same members who made the original order.

(9) A party to a proceeding under a credit enactment that involves a claim not
exceeding $3000 cannot apply for leave to appeal under this section unless
that party agrees to indemnify the reasonable legal costs of the other parties
in the proceeding.

(10) For the purposes of subsection (9)-

credit enactment means-

   (a)  sections 25 and 26 of the Chattel Securities Act 1987;

   (b)  Credit Act 1984;

   (c)  Consumer Credit (Victoria) Code (except Part 4);

   (d)  section 45 of the Motor Car Traders Act 1986.