Applications for leave to appeal from VCAT to the Court of Appeal under s 148 of the VCAT Act are now governed by the 'real prospect of success' test in s 14C of the Supreme Court Act 1986 (Vic), not the Hulls test. In practice, the two tests will produce the same result in the vast majority of cases. Where defective building work creates a real risk of future unacceptable structural damage, the appropriate measure of damages is the cost of demolition and reconstruction, and the owner is not required to bear that risk; it is not necessary to establish that future damage will in fact occur.
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