The case confirms that the special or exceptional circumstances test for a stay pending appeal applies to VCAT decisions setting aside firearm prohibition orders. A finding by the Tribunal that the subject poses a continuing risk to public safety, combined with an arguable appeal point and no serious hardship, can satisfy the test. The question whether s 112E requires a nexus between the risk to public safety and the acquisition, possession, carrying or use of a firearm was identified as an important and plainly arguable question but was left for determination on the substantive appeal.
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