VCAT Adjournments……be ready to proceed.

VCAT Planning and Environment List has confirmed its attitude towards applications for adjournments of hearing dates. If you practice in this jurisdiction you must be ready to run on the day your hearing has been set down see E & M Investments (Vic) Pty Ltd v Boroondara City Council (Red Dot) [2012] VCAT 1223

“A permit applicant should not wait until it receives notice of a hearing before seeking to amend plans or otherwise prepare witness material. As soon as an application for review is lodged, this work should commence, if not before then when the responsible authority’s reasons for refusal are known (in the present case, in early January 2012) and a decision is made to review that decision. Either an applicant will have faith in the plans it has submitted with the permit application or it will consider that some modification should be made to respond to the council’s grounds of refusal. In any event, planning for a hearing needs to commence well in advance of any hearing date being known once an application for review is lodged.”

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