Weber v Deakin University

[2018] VSCA 53

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Dismissal of proceedings
5. › Summary dismissal under s 75 VCAT Act
6. › Whether Tribunal applied correct statutory criteria
7. › Whether claim must be found frivolous, vexatious, misconceived or lacking in substance
8. › Whether assessment on balance of probabilities sufficient
9. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 75
1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › No case submission
5. › Power to permit no case submission without election
6. › Whether Tribunal has power to make such order at compulsory conference
7. › Whether dismissal on balance of probabilities valid pursuant to compulsory conference order
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 80(1), 83(2)(d), 98(3)
1. Administrative Law
2. › Procedural fairness
3. › Self-represented litigant
4. › Whether applicant denied procedural fairness
5. › Whether applicant understood consequences of dismissal application
6. › Whether applicant had opportunity to present all evidence
1. Discrimination Law
2. › Equal opportunity
3. › Direct discrimination
4. › Failure to make reasonable adjustments
5. › Victimisation
6. › Equal Opportunity Act 2010 (Vic), ss 8, 17, 20, 103

Quick Take

Summary dismissal under s 75 of the VCAT Act requires a finding that the claim is frivolous, vexatious, misconceived or lacking in substance — it cannot be determined on the balance of probabilities. However, where a compulsory conference order has authorised a no case submission without election, dismissal on the merits at the conclusion of the applicant's evidence is a valid alternative basis for dismissal that does not engage the s 75 preconditions. VCAT has power under ss 80(1), 83(2)(d) and 98(3) to make such orders at compulsory conferences.