Stewart v Good Shepherd Australia New Zealand

[2025] VSCA 206

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Counterclaim for possession
4. › Defence with no real prospect of success
5. › Discretion not to grant summary judgment in interests of justice
6. › Whether dispute of such nature that only full hearing appropriate
7. › Civil Procedure Act 2010 (Vic), ss 61, 63, 64
1. Landlord and Tenant
2. › Residential tenancies
3. › Exclusion from statutory regime
4. › Temporary crisis accommodation
5. › Whether prolonged duration of occupancy altered character of accommodation
6. › Whether accommodation ceased to be 'temporary' after nearly four years
7. › Residential Tenancies Act 1997 (Vic), ss 3, 22
8. › Residential Tenancies Regulations 2021 (Vic), reg 6(2)
1. Practice and Procedure
2. › Procedural fairness
3. › Delivery of judgment in absence of party
4. › Whether notice of judgment hearing was adequate
5. › Whether party denied opportunity to be heard on costs and stay
1. Practice and Procedure
2. › Leave to appeal
3. › Application totally without merit
4. › Self-represented litigant
5. › Use of artificial intelligence in preparation of court documents
6. › Fabricated authorities

Quick Take

The prolonged duration of a person's occupancy of premises provided as temporary crisis accommodation does not alter the character of that accommodation for the purposes of s 22 of the Residential Tenancies Act 1997 (Vic), where the provider has at all times maintained the temporary character of the accommodation.