› Summary dismissal of proceedings — VCAT Act s 75
Administrative law
› Tribunals
› Leave to appeal from VCAT — VCAT Act s 148
Human rights
› Racial and religious vilification
› Accessorial liability under Racial and Religious Tolerance Act 2001 (Vic) s 15
Human rights
› Racial and religious vilification
› Victimisation under Racial and Religious Tolerance Act 2001 (Vic) s 13
Quick Take
1On a summary dismissal application under VCAT Act s 75, the onus lies on the party seeking dismissal to establish that the proceeding is hopeless; where the claim has not yet been particularised and the proceeding is at a very early stage, it is not incumbent on the respondent to the application or on VCAT to identify with precision the claims that might be sustainable.
2Section 117 of the VCAT Act, which requires VCAT to give reasons within 60 days, applies only to final orders and not to interim or interlocutory orders such as the dismissal of a summary dismissal application; accordingly, the timing and standard of reasons for such interlocutory decisions are not governed by that provision.
3Under s 16 of the Racial and Religious Tolerance Act 2001 (Vic), a proceeding alleging accessorial contravention under s 15 could be brought against the alleged accessory alone without joining the alleged primary contravener, and a decision declining to summarily dismiss such a proceeding involves no findings against the non-party primary contravener.
