Gray v Brimbank City Council (Review and Regulation) [2014] VCAT 509 (12 May 2014)
[2]
Gray v Brimbank City Council (Review and Regulation) [2014] VCAT 509
[3]
Each of Mr Colin Muir, Dr Jack Ayerbe, Mr Simon Parker and Mr Tim Christie ('the conclave members') shall meet in conclave ('the conclave') commencing at 9:00am on Friday 23 and Monday 26 May 2014 at the Lost Dogs Home, North Melbourne.
Each of the conclave members shall attend the conclave.
The conclave is to prepare for the Tribunal a joint written report ('the report') as to whether Mylo falls within each of the Conformation Criteria, Physical Characteristics Criteria and Supplementary Physical Characteristics Criteria contained in Part 1 - American Pit Bull Terrier of the Standard for Restricted Breed Dogs in Victoria ('the Standard') published in the Victorian Government Gazette No. S 22 on 31 January 2014.
The conclave is to be conducted, and the report is to be progressively written, by the conclave in turn addressing each of the Conformation Criteria, Physical Characteristics Criteria and Supplementary Physical Characteristics Criteria contained in Part 1 - American Pit Bull Terrier of the Standard.
The report shall specify the matters agreed between the conclave members, matters not agreed and the reasons for any disagreement.
The report shall be signed by each conclave member.
The conclave shall meet continuously over the period from 9:00am to 1:00pm and 2:15pm to 4:15pm. The conclave may unanimously agree to extend its hours of meeting.
The conclave shall be conducted without interruption or absence of any conclave member during the hours of meeting of the conclave.
Each conclave member:
(a) shall discuss the issues and conduct himself respectfully to each other conclave member at all times;
(b) is not to act as an advocate;
(c) shall act diligently and in good faith at all times; and
(d) has a paramount duty to the Tribunal and not to the party retaining that member.
All discussions between the conclave members during the conclave are to be without prejudice and for the purposes of the conclave only.
Each conclave member shall:
(a) prepare for the conclave bringing with him any necessary references or materials; and
(b) arrange to take measuring equipment to the conclave to ensure that Mylo can be measured during the conclave in accordance with the Standard.
Except with the leave of the Tribunal, parties and legal advisers are not to attend the conclave or give advice to any member of the conclave during the conclave or seek to influence the result of the conclave.
If any conclave member is instructed by any party not to reach agreement in respect of any point of difference, the fact of such instruction must be reported in writing to the Tribunal by the conclave member concerned.
Subject to the directions contained in this order, the conclave may regulate its own procedure.
The original signed report shall be sent by the conclave to the Principal Registrar of the Tribunal. Copies of the signed report shall be provided by the conclave to the solicitors for the parties.
The solicitors for the parties shall ensure that the conclave is provided with computer and printer equipment to conduct the conclave and complete the report.
The solicitors for the parties shall ensure that administrative arrangements are made to have the venue available for the conclave and for the conduct of the conclave.
There is liberty to apply.
Costs of the conclave and of today are reserved.
The final hearing of the proceeding is listed on Thursday 5 June and Friday 6 June 2014 commencing at 10:00am at 55 King Street, Melbourne VIC 3000.
[4]
This proceeding involves the review by the Tribunal of a declaration by an authorised officer of the Brimbank City Council ('the Council') that Mylo is a restricted breed dog under s 98A(1) of the Domestic Animals Act 1994 (Vic).
On 26 March 2014, a declaration was made in the proceeding that the Standard for Restricted Breed Dogs in Victoria approved and published in the Government Gazette No. S 22 on Friday 31 January 2014 ('the Standard') applied to the rehearing of the application.[1]
When the proceeding came in for hearing today, Ms Tuziak, solicitor for Jessica Gray ('Ms Gray') applied for an adjournment on the basis of the recent unavailability of counsel for Ms Gray.
In order to resolve or narrow the issues in this proceeding and minimise the incurrence of legal costs by the parties, it is desirable for the witnesses to meet in conclave and to prepare a joint report for the Tribunal.[2]
It is important that the conclave is conducted in accordance with clear rules and procedures. The conclave is not concerned with the question as to whether any conclave member is or is not qualified as an expert for the purposes of these proceedings.
After hearing from the parties, orders and directions are made for the conduct of the conclave. Liberty to apply is given so that if any dispute arises as to the conclave it can be resolved by the Tribunal without delay.
The proceeding is listed for final hearing on Thursday 5 June and Friday 6 June 2014.