Housing and Tenancy

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Requesting reasons

At the start of a hearing it is important to determine whether to request VCAT to provide written reasons. A useful rule of thumb may be to request reasons where (a) there are serious consequences of an adverse decision for the client or (b) where you intend on running a complex argument that may or may not be accepted by the Member. In general we would recommend that lawyers request reasons from VCAT.

How do I request reasons?

Although the VCAT Act provides a request must be made within 28 days of the decision (section 117), elsewhere the Act deals differently with this issue. For example, in tenancy matters, requests must be made at the time of the hearing (clause 76 of schedule 1). Further, it is good practice to request reasons at the start of a hearing as some Members may be unhappy if you wait until the end of a hearing to request this.