An appeal by way of re-hearing under s 169 of the Legal Practice Act 1996 (Vic) entitles the appellant to a full re-hearing without preconditions; the Full Tribunal must examine all evidence and claims and decide for itself whether the first instance conclusions were correct, rather than requiring the appellant to first demonstrate error on the face of the reasons. A no-case submission power, if it exists in a consumer complaints tribunal, must be sparingly exercised where the complainant is unrepresented. A tribunal exercising a complaints jurisdiction is not a court of pleadings and should not exclude claims for additional particulars of loss not specified in the original complaint form.
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