There is an unresolved question whether an appeal from a VCAT disqualification order under s 2.2.6(5) of the Legal Profession Act 2004 requires leave under s 148(1) of the VCAT Act 1998, or whether s 2.2.6(5) confers an appeal as of right on a question of law. Applicants for stays in legal disciplinary proceedings must adduce evidence of specific prejudice they would suffer if the order remains in operation pending appeal.
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