The question whether s 120 of the VCAT Act permits reopening of orders made at compulsory conferences remains unresolved, as the three judges reached different conclusions on this point. Neave JA and Robson AJA held s 120 applies to compulsory conferences; Priest JA held it does not. The case was decided on the alternative basis that even if s 120 applies, the appellant failed to demonstrate a reasonable excuse for non-attendance. Practitioners should be aware that personal attendance at VCAT compulsory conferences is required unless previously excused, and that an intention to participate by telephone from another jurisdiction while engaged in other proceedings is unlikely to constitute a reasonable excuse for non-attendance.
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