Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 78

Conduct of proceeding causing disadvantage

78. Conduct of proceeding causing disadvantage



(1) This section applies if the Tribunal believes that a party to a proceeding
is conducting the proceeding in a way that unnecessarily disadvantages another
party to the proceeding by conduct such as-

   (a)  failing to comply with an order or direction of the Tribunal without
        reasonable excuse; or

   (b)  failing to comply with this Act, the regulations, the rules or an
        enabling enactment; or

   (c)  asking for an adjournment as a result of (a) or (b); or

   (d)  causing an adjournment; or

   (e)  attempting to deceive another party or the Tribunal; or

   (f)  vexatiously conducting the proceeding; or





   (g)  failing to attend mediation or the hearing of the proceeding.



(2) If this section applies, the Tribunal may-

   (a)  order that the proceeding be dismissed or struck out, if the party
        causing the disadvantage is the applicant; or

   (b)  if the party causing the disadvantage is not the applicant-

   (i)  determine the proceeding in favour of the applicant and make any
        appropriate orders; or

   (ii) order that the party causing the disadvantage be struck out of the
        proceeding;

   (c)  make an order for costs under section 109.

(3) The Tribunal's powers under this section are exercisable by the presiding
member.