A new practice for listing trials in the Building and Property List at VCAT

Readers will be aware of the ongoings problems with the length of the lists in the Building and Property List at VCAT. 

Practitioners should be aware that the Building and Property List has implemented a new practice as of yesterday listing matters for trial only after interlocutory steps have been completed up to (but not including) preparation of a Tribunal Book.

For those unfamiliar with the process, the usual steps up to a trial (although it varies from case to case) are:

1. first directions hearing;
2. pleadings (or VCAT documents in the nature of pleadings);
3. discovery;
4. expert reports;
5. compulsory conference or mediation;
6. (if appropriate) lay witness statements;
7. Tribunal Book;
8. (for complicated cases) written openings; and
9. trial.

Under the new practice, VCAT will now make orders up to (but not including) the Tribunal Book, then list the matter for an administrative mention.  

If all interlocutory steps have been completed by the administrative mention, then the parties can write to the Tribunal giving and estimate of the length of the trial and the Tribunal will proceed to list the matter for a hearing in chambers, without the need to an appearance. The parties can also request orders at that stage for a Tribunal Book, written opening submissions and any other orders that may be required.

Although it may take some time before effects are felt, we should hopefully see a shortening of wait times to trial over the coming months.

At this stage, there is no practice note that I am aware of.

This post originally appeared on samhopperbarrister.com