Victorian Civil and Administrative Tribunal|2022-09-21|Before: Quigley J

The application for reconstitution will be dismissed. It is misconceived.
There is no hearing to reconstitute. The proceeding has not been listed before a member, nor has the hearing commenced. Equally there are no interlocutory proceedings which have not been completed.
The plain words of section 108 make it clear that an application can be made at any time prior to the conclusion of the hearing of a proceeding. In the present case, the temporal requirements of s 108 cannot be made out and the Tribunal's jurisdiction is not engaged.
The application made pursuant to s 108 of the VCAT Act on 12 April 2022 is dismissed.

[1] Caspersz v Garry & Warren Smith Pty Ltd (Civil Claims) [2021] VCAT 501, per Vice president Judge Hampel. Her Honour concluded that the application made pursuant to s 108 of the VCAT Act against Deputy President be dismissed (at [43]).

[3] See paragraph 1 of the Orders made by Vice President Judge Marks in C6315/2019 on 29 August 2022. This was also raised with the Applicant by Senior Member on 11 August 2022.

[4] See paragraph [18] of the Applicant's affidavit made 8 September 2022 which sets out at [18](a)-(e) the basis of his objection to proceeding on the documents.

[5] I also note that I am appalled at the conduct of the Applicant generally towards Senior Member Vassie on 11 August 2022. His threatening and offensive language is conduct which falls significantly short of what is expected of a participant before this Tribunal.

[6] These matters are raised variously in the Applicant's affidavits made 8 September 2022, 16 June 2021 and 12 April 2022

[7] Roberts v Harkness [2018] VSCA 215.

Civil and Administrative Tribunal Act 1998

Caspersz v Garry & Warren Smith Pty Ltd (Civil Claims) [2022] VCAT 1102 (21 September 2022)

Caspersz v Garry & Warren Smith Pty Ltd

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Caspersz v Garry & Warren Smith Pty Ltd (Civil Claims) [2022] VCAT 1102 (21 September 2022)