Representation in a VCAT Planning or Building Matter: Understanding Your Options

If you are heading to the Victorian Civil and Administrative Tribunal (VCAT) for a planning or building dispute, it is important to know your rights and options regarding representation. The Victorian Civil and Administrative Tribunal Act 1998 (VCAT Act) provides flexibility for parties to either represent themselves or have professional representation, depending on the case and the complexity of the matter. Here's what you need to know to approach your hearing confidently.

Who Can Represent You?

Under Section 62 of the VCAT Act, parties can generally represent themselves, but they may also have representation in certain situations:

Legal Practitioners

You have the right to be represented by a lawyer if you choose. No special permission is required in planning or building disputes, as these often involve technical and legal complexities.

Professional Advocates

You may also be represented by professional advocates, such as town planners or building surveyors, especially if they bring relevant expertise to the case. Representation by such professionals typically enhances your argument by focusing on technical planning scheme details or construction standards.

Other Authorised Representatives

You can authorise a non-lawyer, such as a family member or friend, to represent you. However, permission from VCAT is required unless this representative is a legal practitioner.

Representing Yourself

VCAT is designed to be accessible, and self-representation is common. The tribunal provides an informal environment, and members (decision-makers) are experienced in guiding non-legal professionals through the process. If you represent yourself, preparation is key.

Understanding the IRAC Method

VCAT members use the IRAC framework to evaluate cases:

• Issue: What is the problem or dispute?
• Rule: What does the law or planning scheme say?
• Application: How does the law apply to your situation?
• Conclusion: What outcome are you seeking?

Key Restrictions and Pitfalls

Some parties request VCAT to make orders it cannot grant, such as compensation beyond its jurisdiction or decisions outside its legal scope. Always ensure your claim is within VCAT's powers.

If you're seeking compensation or challenging a development, bring comprehensive evidence. For example, landlords claiming damages must provide receipts, not quotes, for completed repairs.

Preparing for Success

Whether representing yourself or engaging a professional, preparation is the most critical factor in succeeding at VCAT. Understand the law, gather your evidence, rehearse your argument, and remain respectful and professional during the hearing. Remember, VCAT's primary role is to apply the law fairly, so a clear, well-prepared case will always carry weight. By knowing your options and focusing on the details, you can navigate the process with confidence.