It seems that the challenges to VCAT’s jurisdiction are never-ending. Recently, in Casualife Australia Pty Ltd v ANI Commercial Storage Pty Ltd [2023] VSC 576, Tsalamandris J held that a dispute about a particular lot of goods was exclusively within VCAT’s jurisdiction, notwithstanding the prosecution in the County Court of a dispute between the same …
Tag Archives: Civil procedure
The limits of VCAT’s jurisdiction
The Court of Appeal has highlighted the severe restriction on VCAT’s jurisdiction that arises from federal issues. Practitioners conducting matters in VCAT will need to understand, and be vigilant of, the extent of federal jurisdiction and consider the consequences for disputes that are or might be in it, or might be brought within it. Introduction …
The solicitor’s possessory lien
Most practitioners understand the solicitor’s lien well enough: a solicitor can hold a former client’s file as security for payment of the solicitor’s unpaid fees. This can be quite useful security where the solicitor holds a client’s documents, especially original documents that may be required for, say, a trial. But, as with so many aspects …
Appealing from decisions of the Magistrates’ Court, VCAT and the AAT: what is a question of law? Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 322 ALR 254
It is often taken for granted that if a litigant is dissatisfied with a decision at the end of a trial or hearing, the litigant has a right of appeal to correct errors in the decision. But a right of appeal only exists if a statute provides for one. It then needs to be ascertained …
Lionel Wirth 