What is a question of law, and does it need to be in the leave application?
In this CPD, Emrys explores two specific and current topics affecting applications for leave to appeal from an order of the VCAT under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
First, by reason of the decision of the Court of Appeal in Metricon Homes v Softley (2016) 49 VR 746, and subsequent legislative amendments, future leave applications will be judged by reference to a statutory scheme (including a “real prospect of success” test), instead of the guidance given by Phillips JA in Secretary to the Department of Premier and Cabinet v Hulls  3 VR 331. Emrys reviews the differences between the old and new schemes.
Second, the debate about the importance of the applicant (or her lawyers) including one or more questions of leave in the application documents has continued. Emrys describes the current state of the law on the significance of including a question of law, and provide some suggestions as to how to go about drafting one.