[2025] VCAT 784
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2025-09-02
Mr J
Original judgment source is linked above.
VCAT's jurisdiction to hear and determine a contempt prosecution under s 137 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic); R v Perkins [2002] VSCA 132 at [16]- [18] applied.
Hepburn SC v Coward [2025] VCAT 784
Use of the land for materials recycling (automotive recycling) and associated development of a shed generally in accordance with the endorsed plans.
Purpose of preliminary hearing
The purpose of the preliminary hearing is to consider whether VCAT has jurisdiction to hear and determine an application for contempt against Maureen Coward.
[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing, and the statements filed have all been considered in the determination of this jurisdictional ruling. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[2] A draft charge sheet identifies Charges 1 - 4, each brought under s 137(1)(ea) of the VCAT Act.
[3] Maureen Coward and her son, Chris Coward, attended at the practice day hearing before the Tribunal that day having filed a statement of grounds on 13 November 2024 described by them as a 'testament'.
[4] Towards the end of the hearing Maureen Coward said she had not received the Council's written submissions which its Counsel had addressed. Accordingly the Tribunal emailed the written submissions again to Maureen Coward and put them on the Zoom share screen giving her ample opportunity to read each of their 24 paragraphs and also provided a copy of the written submissions to her in the 'chat' function. She and her son then made additional oral submissions about them.
[5] Evidence about which organisation holding beliefs that are commonly referred to as the sovereign citizen movement were recorded in State of New South Wales v Kiskonen (Preliminary) [2021] NSWSC 915 (27 July 2021) at 19 and following.
[6] Melbourne CC v 160 Leicester Pty Ltd (No 2) [2020] VCAT 1255 upheld in 160 Leicester Pty Ltd v Melbourne CC [2021] VSCA 250 (Victorian Court of Appeal).
[7] This submission addressed an earlier submission that had been made by Maureen Coward and her son at an earlier hearing.
[8] The High Court has confirmed that State legal tribunals such as VCAT have the authority to form an opinion about their own jurisdiction: see Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; (2022) 276 CLR 216 applied in Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226 at [128]. See also Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Pty Co Ltd [1911] HCA 31; (1911) 12 CLR 398, 415 (Griffith CJ); Re Boulton: ex parte Construction, Forestry, Mining & Engineering Union (1998) 73 ALJR 129, 133 [21] (Kirby J); Old UGC Inc v Industrial Relations Commission (NSW) [2006] HCA 24; (2006) 225 CLR 274 at 290 [51]; Federal Commissioner of Taxation v Tomaras [2018] HCA 62; (2018) 265 CLR 434 at 477 [132]; Citta Hobart at [62] (Edelman J).
[9] R v Perkins [2002] VSCA 132 at [16]- [18] noting that the power it has with respect to contempt is conferred by s 137 rather than under any inherent jurisdiction that a court may have and holding that:
'The Tribunal has been given under s 137, the jurisdiction to deal with alleged or perceived acts of contempt.'
Once before the Tribunal, the individual must be informed of the contempt with which they are charged. Thereafter the Tribunal may adopt any procedure that it thinks fit, consistent, of course, with its obligation to accord natural justice to the person charged.
[10] Bradford v Dimopolous [2007] VCAT 1409; Melbourne CC v 160 Leicester Pty Ltd [2020] VCAT 1255; Melbourne CC v 160 Leicester Pty Ltd (No 2) [2020] VCAT 1435.
[11] Meads v Meads [2012] ABQB 571; Meenken v Family Court at Masterton [2017] NZHC 2103; Ennis v Credit Union Australia [2016] FCCA 1705; Bendigo and Adelaide Bank Ltd v Grahame [2020] VSC 86; Grahame v Bendigo and Adelaide Bank Ltd [2021] VSCA 222; K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528.
[12] Plunkett v Portier Pacific Pty Ltd [2024] VCAT 205 sets out some criteria that may justify a transfer of a proceeding to another jurisdiction under s 77 of the VCAT Act where the Tribunal is not the appropriate forum. The Tribunal as a has no power under that section of the VCAT Act to refer proceedings to the federal system of courts in Australia (nor to the court of another state). The jurisdiction over contempt of the Tribunal rests solely with VCAT under s 137 of the VCAT Act.
Hepburn SC
Coward [2025] VCAT 784
(2022) 276 CLR 216
(1911) 12 CLR 398
(1998) 73 ALJR 129
(2006) 225 CLR 274
(2018) 265 CLR 434