Lourey v Telfer

[2026] VSC 456

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

1. Practice and procedure
2. › Appeals from VCAT
3. › Leave to appeal — requirement to identify question of law
1. Practice and procedure
2. › Appeals from VCAT
3. › Obligation to file affidavit exhibiting reasons for VCAT order
1. Practice and procedure
2. › Summary dismissal
3. › Want of prosecution — non-compliance with court orders
1. Practice and procedure
2. › Summary dismissal
3. › Self-executing orders — lesser sanction

An applicant seeking leave to appeal a VCAT order bears the onus of adducing evidence of VCAT's reasons and facts, matters and circumstances justifying leave; the court cannot prove the applicant's case for them (applying Navaratne v Asian Pacific Properties Investment Pty Ltd [2014] VSC 638).
Where non-compliance with court rules and orders has deprived a proceeding of its evidential foundation, the continuation of the proceeding may be frivolous and vexatious under r 4.08(8) of the Miscellaneous Rules, but dismissal is an extreme remedy and a lesser but equally efficient sanction — such as a self-executing order — should be considered first, particularly where the applicant is self-represented and has health difficulties.
Rule 4.07 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 (Vic) requires the seven-day affidavit to exhibit VCAT's reasons or account for their absence; failure to comply leaves the court unable to assess whether there is a real prospect of success warranting leave.