I have recently had reason to read the case of Banyule CC v Tomasevic [2011] VCAT 2377, decided in December 2011. This is a case which deals with an application for contempt of the Tribunal for non-compliance with an enforcement order made by the Tribunal.
The case is interesting for practitioners in this jurisdiction who are often asked by clients “what happens if I don’t comply with an enforcement order“.
Tomasevic clearly sets out the matters that must be established to prove contempt.The case confirms that VCAT retains a discretion to dismiss an application for contempt even if a contempt is technically made out. A link to the case can be found here.
