The Supreme Court refused leave to appeal from VCAT, holding that the Member did not err by identifying the ACLFTA consumer and trader dispute provisions as the jurisdictional basis for hearing claims pleaded under the Estate Agents Act 1980 (Vic), since the EA Act itself did not confer jurisdiction on VCAT to grant the relief sought. The Court confirmed that where a VCAT member raises a jurisdictional framework not pleaded by the parties, this does not constitute procedural unfairness where the member raised it during the hearing, the substance of the claims was unchanged, and the applicant had opportunity to address it. The Court also held that no apprehension of bias arose from the Member's conduct of the hearing, including interventions during cross-examination and directions regarding costs applications, which were consistent with the duty to assist a self-represented litigant while maintaining judicial neutrality.
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