Beling v Victorian Legal Services Commissioner

[2021] VSCA 257

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Whether VCAT a proper or necessary party to appeal from its own decision under s 148 VCAT Act
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Practice and Procedure
2. › Interlocutory applications
3. › Interrogatories and notices to admit
4. › Whether may be served on non-party
5. › Whether fishing expedition
6. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 30.02, 35.03
1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Leave to amend notice of appeal
5. › Whether consent to amendment constitutes admission of truth of allegations
6. › Whether unsubstantiated allegations of impropriety justify refusal of leave
1. Practice and Procedure
2. › Costs
3. › Appeal from costs order
4. › Whether appellate court should exercise restraint in reviewing costs orders
5. › Whether costs should follow the event

Quick Take

VCAT is not a proper or necessary party to an appeal on a question of law under s 148 of the VCAT Act, as it has no interest in the outcome and no orders are sought against it. Consent to the filing of an amended pleading does not constitute an admission as to the truth of the allegations contained in it. Appeals from interlocutory costs orders require a material error in principle and substantial injustice before appellate intervention is warranted.