A Trial Division judge who refuses leave to appeal from VCAT under s 148(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 must give reasons for that refusal; failure to do so constitutes relevant error warranting the setting aside of the order on appeal. Where a leave application is remitted to the Trial Division after such error, the Court of Appeal may direct that the leave application be heard by the same judge who would hear the appeal if leave is granted, to avoid further procedural delay.
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