Oct 272013

VCAT Practice Day Hearing

Representatives for objectors attended the VCAT practice day (direction) hearing last Friday.

Mediation Cancelled

Mediation will not happen as it is not likely the developer and all residents will come to an agreement.

VCAT Hearing Date

As the developer’s lawyer failed to comply with the VCAT order to inform residents of their VCAT application, the hearing date will no longer be starting on the 16th December, but some time late January 2014. VCAT still to advise exact date via a new order. You are likely to get this new date in the mail shortly.

Residents Statement of Grounds Submissions

Unfortunately (and despite our representatives asking for more time for residents to submit their Statement of Grounds) objectors still need to get their Statements of Grounds to VCAT by the 11th of November. To assist residents with these submissions, we will shortly have a proforma people can review and/or use for their Statement of Grounds of objection. As usual, we will distribute these to objectors’ letterboxes and help with getting them to VCAT via local drop-boxes.

This is the next big thing we need to concentrate on – and we are again looking for volunteers to assist with communications, distribution and collection.

Developer’s Amended Plans

The developer will again be submitting amended plans to VCAT, but as these are supposed to be minor changes only we will not be given the opportunity to review them before submitting our SoG submissions.


Interestingly the developer’s lawyer went to the trouble to print off and submit to VCAT the last post from this website, arguing residents need no extension of time to get in their submissions because “we are so well organised”. 😆

 Posted by at 5:24 pm
Oct 222013

Yesterday saw the arrival of advice from the developer’s solicitor that the developer has applied to VCAT. Note the date of the advice was the 18th of October.

After having their plans rejected at Council’s Special Planning Committee on the 5th September, the developer has applied to have their case heard at VCAT and included in the expedited Major Case List.

VCAT scheduled a Practice Hay Hearing – Friday 25th October 10:00am. This hearing is scheduled to resolve any preliminary or procedural issues prior to a final hearing, or to make procedural orders or set out a procedural timetable to facilitate the fair and efficient conduct of the proceeding. Representatives for Objectors will be in attendance.

VCAT also ordered the developer to comply with the following schedule:

  1. Developer to serve Council a copy of their VCAT application no later than the 25th September.
  2. Council to provide developer a list of objectors no later than the 20th September.
  3. Developer to serve Objectors a copy of their VCAT application no later than the 25th September.

As the developer failed to comply with the above ordered dates (due to an administrative error by the developers solicitor) the entire VCAT hearing schedule is questionable.

Representatives for Objectors will raise the non-compliance and schedule issues with VCAT at this Friday’s Practice Day Hearing.

We suggest waiting until after Friday before completing your Statement of Grounds documents. We will advise the outcome of the Practice Day Hearing, key dates, and best next steps.

Currently VCAT scheduled the following:

  • Mediation – Wednesday 13th November 2013 10:00am.
  • Hearing – Commencing Monday 16th December 2013 10:00am (number of days to be determined).

This Friday’s Practice Day Hearing will see the confirmation of these hearing dates and Statement of Grounds submission dates… or otherwise.



 Posted by at 12:01 pm