Planning and Environment Act 1987

Despite sections 84A, 84AB and 84B, if the Tribunal considers it desirable in the interests of the just, timely and efficient determination of a proceeding under this Act, the Tribunal may actively manage the proceeding by doing one or more of the following—

conducting all or part of the proceeding entirely on the basis of documents;

imposing on a party a time limit on the making of submissions, or the examination of a witness, at a hearing;

prohibiting or limiting the cross‑examination of a witness at a hearing;

imposing reasonable limits, restrictions or conditions in respect of—

the conduct of the proceeding; or

the conduct of a party;

giving directions to ensure that the proceeding is conducted promptly and efficiently;

identifying at an early stage the issues involved in the proceeding;

deciding the order in which the issues in dispute in the proceeding are to be resolved;

encouraging the parties—

to co‑operate with each other in the conduct of the proceeding; or

to settle the whole or part of the proceeding; or

to use appropriate dispute resolution;

controlling the progress of the proceeding, including by—

fixing timetables; or

dealing with as many aspects of a proceeding as it can on the same occasion; or

making use of technology;

considering whether the likely benefits of taking a particular step in a proceeding justify the cost of taking it.

In addition to subsection (1), the Tribunal may do either or both of the following—

confine the proceeding to particular matters in dispute;

summarily strike out or dismiss all or any part of the proceeding that in the Tribunal's opinion lacks substantive or objective merit and has no real prospect of success.

The Tribunal's power to do a thing referred to in—

subsection (1)—is exercisable by the Tribunal as constituted for the proceeding; or

subsection (2)—is exercisable only by the Tribunal as constituted by a presidential member or a member who is an Australian lawyer.

The Tribunal may do a thing referred to in subsection (1)(a) or (2)(a) or (b) whether or not all the parties to the proceeding agree.

Subsection (2)(b) is in addition to, and does not limit or affect, section 75 of the Victorian Civil and Administrative Tribunal Act 1998.