Applicant second request for adjournment or, alternatively, a practice day hearing

1. On 10 October 2025, Planning & Property Partners submitted a second request for the adjournment of the hearing to a date not earlier than 1 March 2026. This request is again submitted with the consent of council and CFA. This time the request is accompanied by a three page letter that:
   • expresses concern about the manner in which the Tribunal refused the first request; and
   • in the event that that refusal constituted 'a proper refusal', a further adjournment request is now being made; and
   • provides an explanation about the reasons for the adjournment; and
   • requests if the Tribunal is not minded to grant the adjournment or considers further information is required to consider the adjournment, that a practice day hearing be scheduled.

Applicant has misconceived the refusal of the first adjournment as being anything other than a proper refusal

1. At face value to the parties in a proceeding, it may seem a straightforward exercise that when they are all in agreement a hearing can be adjourned, the Tribunal will simply agree and facilitate this. This fails to recognise and appreciate the procedural processes the Tribunal has undertaken to enable a 'just and timely review of decisions without unnecessary formality'.[1] The role of the Tribunal is to process its applications and bring proceedings to a conclusion. It is not the role of the Tribunal to hold on to a proceeding for longer because the parties all agree to this.
2. It is sometimes the case that a party in a proceeding will engage a representative. It is common for that representative to attend a compulsory conference and/or a hearing alone without their client being present. In this case, the Tribunal had been advised that Planning & Property Partners were engaged to represent the applicants. Hence, the Tribunal does not presume that the fact that the client may not be 'able to appropriately attend to this matter in the coming months' also means the representative cannot proceed.
3. Furthermore, VCAT's website makes it clear that an adjournment may not be granted. The following extracts illustrate this:

1. Planning & Property Partners received an email from the Tribunal's registry advising that the first adjournment request was refused. They have described this in their letter with this second request as the registry 'purporting to refuse our clients' request'. They have used this description because they have assumed 'registry' refused the request rather than the principal registrar as is stated in the Victorian Civil and Administrative Rules 2018 (Vic) (VCAT Rules) or a member of the Tribunal.
2. VCAT Practice Note PNVCAT 1 states at paragraph 49:

The Tribunal may decide an application for adjournment without a hearing, or refer it to a directions hearing for decision.

1. There is nothing in this Practice Note that explains how and by whom in the Tribunal makes a decision on an application for adjournment.
2. Understandably, the Tribunal has a number of internal processes for making decisions on all manner of requests and procedural issues that can arise during the processing of a VCAT application. Furthermore, these internal processes can vary from list to list within VCAT's various divisions.
3. It appears Planning & Property Partners has looked to the VCAT Rules for guidance about how and by whom the first request was refused. They have referred specifically to rule 4.31 that is found at Order 4 - General procedure in the VCAT Rules:

4.31 Principal registrar's powers in relation to adjournment and withdrawal of a proceeding

(1) The principal registrar, on the application of a party and with the consent of the other parties, may adjourn the hearing of a proceeding.

(2) The principal registrar may hear and determine an application by consent of the parties for adjournment or withdrawal of a proceeding before the hearing commences.

1. It appears Planning & Property Partners' letter is assuming the refusal of the first adjournment request is therefore the function of the principal registrar.
2. Section 157A(1) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act) explains:

(1) Rules under section 157 may include rules for or with respect to the functions of the Tribunal that may be performed by the Tribunal constituted by the principal registrar.

1. In other words, rules made under section 157A of the VCAT Act can include rules with respect to the functions that may be performed by the principal registrar, including rule 4.31.
2. Order 10 - Exercise of functions of tribunal by principal registrar in the VCAT Rules sets out rules made under section 157A of the VCAT Act.
3. Rule 10.01 explains 'the principal registrar may perform' the functions listed within this rule for proceedings in the lists of various divisions including the Planning and Environment Division. One of those functions is:

(f) determining consent applications for adjournment of a matter on its first listing where the request is for an adjournment of 3 months or less;

1. So, this function limits the power under rule 4.31. Further, this function does not apply in this case. The adjournment being sought is greater than 3 months.
2. Also, rules 4.31 and 10.01 consistently use the expression that the principal registrar may perform the functions outlined in those rules (I have bolded the word for emphasis). In other words, those rules do not automatically mean that the principal registrar does perform these functions. The reality is almost all of the functions listed in 10.01 are not performed by the principal registrar in the Planning and Environment List presently.
3. I, as a member of the Planning and Environment List, would welcome the principal registrar taking on a number of the functions outlined in rule 10.01. Because these functions must otherwise be performed by a daily allocated Duty Member, which is the role that I am performing right now. Indeed, the first adjournment request was considered by another Duty Member, who directed registry to advise the parties the request was refused.
4. Perhaps, in the future, some administrative functions such as adjournment requests in the Planning and Environment List will be performed by the principal registrar. (I can but hope.) However, in the meantime, the consideration of this further adjournment request is now before me.

1. This second adjournment request contains a more fulsome explanation about the applicants' circumstances. It is not necessary or appropriate to document these circumstances in this publicly released decision. The reasons explain the exceptional and unexpected circumstances that have arisen (as PNVCAT 1 expects). I observe that it would have been more helpful to the Tribunal if a more fulsome explanation had been provided as part of the first adjournment request. I reiterate that the parties to a proceeding should not assume that, because they all agree, so too will the Tribunal. Any procedural requests should be properly explained and the necessary reasons and associated documentation provided.
2. Council and CFA are agreeable to a longer adjournment than would normally be provided. I observe that the potentially most affected party of a long adjournment is the applicants themselves. Hence, there is no prejudice to any of the parties in granting this adjournment request.
3. I have asked for and obtained a hearing date after 1 March 2026 as requested. This order has therefore granted the adjournment and changed the hearing date.

1. The parties are reminded that the Tribunal is keen for proceedings to be processed as efficiently as possible. The Tribunal understands unexpected circumstances arise, as has happened in this case. However, this unexpected circumstance now does not mean that adjournments to the hearing of this proceeding will continue to be granted. All proceedings need to reach a conclusion.

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[1] An objective of the planning framework established by the Planning and Environment Act 1987 (Vic) (PE Act) and found at s 4(2)(j) of the PE Act.