Appeal from Victorian Civil and Administrative Tribunal
Summary dismissal by Tribunal
Enduring power of attorney
Quick Take
1The power under s 116(1)(e) of the Powers of Attorney Act 2014 (Vic) to order lodgement of accounts is discretionary, not automatic; the Tribunal is entitled to consider the practical utility and purpose of ordering accounts, including whether the accounting would serve any worthwhile end, and is not obliged to make such an order in every case.
2On a s 75 summary dismissal application, VCAT may take into account the proportionality of the relief sought, the factual overlap with previously dismissed proceedings on the same substratum, and the futility of the proceeding, without needing to make a formal finding of res judicata or issue estoppel, provided the proceeding is found to be lacking in substance or an abuse of process.
3Under s 148 of the VCAT Act, the Supreme Court retains a residual discretion to refuse leave to appeal even where an arguable error of law is identified, and may do so where the appeal would be futile or of limited practical impact having regard to the justice of the case for all parties.
