Victorian Civil and Administrative Tribunal|2019-01-25

The application for summary dismissal has not been made out and will be dismissed.
The parties have already filed materials and submissions in the proceeding. In the event they wish to rely on any additional material, time will be allowed for that to be sent and the matter will then be listed before me for further hearing.

[1] The cases include the following: State Electricity Commission of Victoria v Rabel & Ors [1998] 1 VR 102; Norman v Australian Red Cross Society (1998) 14 VAR 243; Towie v State of Victoria [2002] VCAT 1395; Forrester v AIMS Corporation [2004] VSC 506; Naylor v Oakley Thompson & Co Pty Ltd & Ors [2008] VCAT 2074;

[2] Ballarto Pastoral Pty Ltd v Department of Primary Industries [2006] VCAT 478.

[3] See Macdonnell v State Sport Centres Trust [2018] VCAT 1616 at paragraphs 132 and 210 and cases referred to therein.

[4] Borthwick v University of Melbourne (1985) 1 VAR 33.

[5] Zeqaj v Victoria Police [2010] VCAT 1132.

[6] Smeaton v Victorian WorkCover Authority [2013] VCAT 729.

[7] Dr Chopra v Department of Education and Training [2018] VCAT 808.

[8] See Harbison J's discussion in Macdonnell, paragraphs 40 to 60.

[9] Per DP Macnamara, as he then was, in O'Brien and the Department of Justice [2010] VCAT 1379 at paragraphs 23 and 24.

[10] Per Harbison J in Macdonnell, paragraphs 214 to 216.

[13] Relying on Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67; Halliday v Corporate Affairs (1991) 4 VAR 327; and Smeaton v Victorian Workcover Authority [2012] VCAT 521.

Civil and Administrative Tribunal Act 1998

Information Act 1982

Proudfoot v Victoria University (Review and Regulation) [2019] VCAT 106 (25 January 2019)

Proudfoot v Victoria University

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Judgment (13 paragraphs)

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Legislation Cited (2)

Cases Cited (1)

Proudfoot v Victoria University (Review and Regulation) [2019] VCAT 106 (25 January 2019)