Finch v The Heat Group Pty Ltd & Ors

[2011] VSCA 100

Victorian Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From Victorian Civil and Administrative Tribunal
4. › Question of law
5. › Whether grounds of appeal identified question of law as distinct from question of fact
6. › Whether sufficient doubt attending question to justify grant of leave
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148(1)(a)
1. Practice and Procedure
2. › Costs
3. › Victorian Civil and Administrative Tribunal
4. › Anti-Discrimination List
5. › Cautious approach to costs orders to preserve access
6. › Whether costs order within discretion having regard to conduct prolonging proceedings
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 109

Quick Take

An applicant for leave to appeal from VCAT under s 148(1)(a) must identify a question of law (as distinct from a question of fact) that bears directly on the relief sought, and must show sufficient doubt attending that question to justify the grant of leave. Grounds that raise only fact-specific complaints, seek to revisit the merits of a dismissed proceeding, or baldly assert injustice or public importance do not meet this threshold. VCAT costs orders in anti-discrimination proceedings are made under s 109 of the VCAT Act, which requires a cautious approach to preserve access to the Tribunal.