An appeal to the Court of Appeal from a Trial Division judge's refusal to grant leave to appeal from VCAT under s 148(1)(a) is an appeal by way of rehearing from a discretionary decision, requiring the appellant to demonstrate error in the exercise of discretion. Proposed grounds of appeal that seek to impugn findings of fact do not raise questions of law unless it can be shown that the findings were not open on the evidence. Whether particular conduct constitutes 'unprofessional conduct' under s 3 of the Medical Practice Act 1994 is a question of mixed fact and law that can only be impugned if no reasonable tribunal could have reached the conclusion.
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