VCAT's power under s 149 of the VCAT Act to stay its own orders pending appeal is limited to appeals instituted under Part 5 of the VCAT Act and does not extend to further appeals from the Trial Division to the Court of Appeal. Once an appeal from VCAT to the Trial Division has been finally determined, the question of whether a stay should be granted pending any further appeal is a matter for the appellate court, not VCAT.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
1 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.