A Comprehensive Understanding Of The Decision And Order From VCAT

VCAT Appeals

The Victorian Civil and administrative tribunal (VCAT) operates to settle disputes and provide efficient solutions for the Victorian community. Depending upon your VCAT appeals, they will provide you with a fair hearing in the given time. In terms of complex cases, the hearing may take a longer time than expected. They cater to issues related to owners’ corporations, building permits, environmental issues, small business disputes and much more. They operate as per legal applications and provide impartial decisions without adhering to any bias. This blog will educate you about the decision-making process and orders provided by the VCAT team.

  1. Asking for Written Reasons

    Depending upon your case, you may be eligible to request for written reasons. However, you need to follow up on a particular methodology to proceed with that. First, check the eligibility criteria of your case. Even though in most cases, the parties involved are generally eligible to request for written reasons.

    Then write a formal letter to the VCAT team, highlighting the important details like case no, date of decision and the details of the parties involved. Explaining the reasons for your request would enhance the chances of acceptance and quick approval. Attach relevant documents to support your request and follow up accordingly.

  2. Types of Decisions by VCAT

    VCAT possess the right to provide orders for plenty of disputes and issues. Both final and interim orders represent the kind of decision-making process, held by VCAT. These town planning consultants cover a wide range of matters and hence provide a possible resolution for the parties involved.

    Interim orders are temporary that address urgent cases until the final orders are released. These orders include restraining orders, suspension and preservation orders. The decision held through interim orders may be subject to changes in prospects.

    On the other hand, final orders are the final resolution provided by the team. They cover restitution, compliance, compensation and dismissal orders as well. To follow up with the latest update about your case, consult a VCAT official or go through their official page for the same.

  3. Exception in VCAT Decision

    There are times when traditional rules and regulations cannot be applied to certain cases. Hence, the decision is taken based on exceptions where general rules do not apply. Based on the kind of conflict, there might be legal exceptions that can be applied to the case to yield a favourable outcome.

    Also, there can be factual exceptions that can be applied to specific scenarios which usually set the case apart from normal cases. Moreover, the team also hold the power to make discretionary exceptions to provide a fair decision based on a certain case catering to the public interest.

    Lastly, there is the precedent exception which is based on previous VCAT hearings or rulings of the high court. These kinds of exceptions are made when the earlier decision does not provide fair advantages in a case.

  4. Request to Reopen a Case

    There are fair chances that you might not be satisfied with the current VCAT orders and anticipate changes. If you have strong VCAT appeals, then depending on certain grounds would reinforce reopening the case. Before you jump into reopening, review the existing order and understand the ground for the kind of decision imparted.

    Upon gaining a valid understanding, look for new evidence that you might have missed during the previous hearing. A piece of strong empirical evidence can play a vital role in moulding the decision. Similarly, seek for any mistakes that might have been the cause for the unfavourable decision. If you are unable to find any possible solution, it is better to consult a lawyer for further proceedings.

The Bottom Line

VCAT allows you to present your case in the absence of a lawyer too. As they operate legally, you need to be thorough with the rules and regulations and hence, present your case accordingly. Systematic implementation of the process enhances the chances of getting your case accepted by the VCAT.