LG v Melbourne Health

[2020] VSCA 64

Victorian Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Victorian Civil and Administrative Tribunal
3. › No-costs jurisdiction
4. › Exception under s 109(2)
5. › Whether fair to order costs
6. › Whether self-represented litigant entitled to costs for acting as 'professional advocate'
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 62(1)(b)(ii), 109(1)-(3)
1. Practice and Procedure
2. › Fresh evidence on appeal
3. › Leave to rely on fresh evidence
4. › Evidence of retainer first raised after primary judgment
5. › Whether evidence could have been adduced below
6. › Whisprun Pty Ltd v Dixon (2003) 77 ALJR 1598 applied
1. Practice and Procedure
2. › Representation
3. › Right of audience
4. › Whether person admitted as Australian lawyer but without practising certificate may represent another party
5. › Discretion to grant leave in exceptional cases
6. › Legal Profession Uniform Law Application Act 2014 (Vic)

Quick Take

The general no-costs rule under s 109(1) of the VCAT Act will not be departed from where the VCAT proceeding was commenced to protect the interests of a vulnerable person and the respondent was not at fault for the Tribunal's failure to give adequate reasons. A self-represented litigant who is an admitted lawyer without a practising certificate cannot claim professional costs as a 'professional advocate' under s 62 of the VCAT Act without evidence of a retainer and quantification of costs. Fresh evidence of a retainer first raised after the primary judgment will not be admitted where it could have been adduced below.