Further to my post from yesterday, my colleague Lionel Wirth has written an interesting article on this issue here: Ongoing issues with VCAT’s jurisdiction and the length of VCAT’s lists One of Lionel’s point is that transfer to a judicial member of VCAT exercising both VCAT and state court jurisdiction might not work because VCAT cannot […]

Many readers will be aware already of the Court of Appeal’s decision in Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226. For those who haven’t heard, the upshot of the decision is that VCAT cannot hear a case that raises a bona fides issue under federal legislation. An excellent summary of the decision by my colleague at […]