VCAT Masterclass: Insights from the Tribunal
Date: Thursday 22 March 2018
Time: 2.00pm to 5.15pm
Venue: RACV City Club, 501 Bourke St, Melbourne
Attend and earn 3 CPD units in Professional Skills
If you want to master practice and procedure in VCAT and improve your chances for success, go straight to the source. A Deputy President and Senior Members from VCAT will share their experience and give you the tips and guidance needed to succeed in tribunal practice.
Chair: Suzanne Kirton, Senior Member, Victorian Civil and Administrative Tribunal
VCAT's Jurisdiction and Appearing in VCAT Matters
- Overview of VCAT's jurisdiction and structure
- Analysing when VCAT is the most appropriate jurisdiction to initiate proceedings
- Legislative updates
- Procedural standards, requirements and considerations in VCAT matters
Presented by Ian Proctor, Senior Member, Victorian Civil and Administrative Tribunal
Evidence in the VCAT
- Key differences between how Tribunals and Courts treat evidence
- How to deal with documents and other evidence
- 'Not bound by the rules of evidence': the practical implications
- Procedural fairness and natural justice at VCAT: the evidentiary implications
Presented by Eric Riegler, Senior Member, Victorian Civil and Administrative Tribunal
Compulsory Conferences, Expert Conclaves and Concurrent Hearing of Expert Evidence
- ADR at VCAT: mediation and compulsory conferences
- What happens at a compulsory conference?
- Expert conclaves and concurrent evidence (aka 'hot tubbing'): understanding the processes and benefits
Presented by Ian Lulham, Deputy President, Victorian Civil and Administrative Tribunal
Suzanne Kirton is a successful and experienced litigation barrister, skilled in public speaking and advocacy, mediation, negotiation, and is able to quickly identify the crucial issue of a problem. She is a nationally accredited mediator and has participated in over 400 mediations. As a barrister she practises in the area of commercial litigation, especially in building and construction law, working both for the private and public sector, and has a sound knowledge of contracts, torts, insurance and consumer protection issues. She fills her spare time serving on the Victorian Bar Council, is a director of Australian Women Lawyers and is a long standing committee member of the Building Dispute Practitioners' Society.
After a stint with the Australian Public Service drafting contracts and providing advices, Ian Proctor became the first (and for a time only) lawyer in Victoria acting for involuntary patients under the Mental Health Act 1986. His first role in that field was with the Mental Health Legal Centre, followed by the then Legal Aid Commission of Victoria (now Victoria Legal Aid). After a time in non-casework roles with Legal Aid and then as director of the Consumer Credit Legal Service, he joined the Victorian Public Service managing projects related to legislative reform. This role saw him appointed as the project manager for the creation of VCAT. He was then appointed VCAT's first principal registrar. In 2006, he was appointed as a VCAT member. He regularly heard cases in the Civil Claims List, Guardianship List, Owners Corporation List and Residential Tenancies List, and less often in the General List (to which proceedings under the Freedom of Information Act 1982 are allocated), Credit List, Health & Privacy List and Mental Health List. He was and is active in alternative dispute resolution. In 2011, he heard increasing numbers of cases in the General List. In early 2012, he was appointed senior member and head of VCAT's General List. With VCAT amalgamating its lists, Ian is now a Deputy Head of the Review & Regulation List. Since 2006, Ian has written over 400 decisions, many of which are published on Austlii.
Eric completed articles with Hall and Thompson (Maurice Blackburn) in 1993, coming to the law late after having run numerous businesses. Eric's work while at Hall and Thompson mainly concerned the buying and selling of businesses, many of which included retail premises or licensed premises. In 1996, Eric left Hall and Thompson and moved to Minter Ellison, working within the Building and Construction Practice Group. In 1999, Eric left Minter Ellison and completed the Bar Readers Course, signing the Bar Roll in late 1999. He then practised as a barrister for 10 years, primarily in building and construction matters, before being appointed as a full-time Senior Member at VCAT in April 2010. In August 2010, Eric was appointed as Head of List of the Domestic Building List, as it then existed. In 2012, Eric relinquished his role as Head of List of the Domestic Building List, in lieu of being appointed Head of List of the Retail Tenancies List and the Real Property List. In July 2014 the Domestic Building List, Retail Tenancies List and Real Property List were merged into one list; namely the Building and Property List. Eric was appointed Deputy Head of that List. From that time on, he has been principally responsible for case managing commercial and tenancy disputes, co-ownership disputes and disputes arising under the Water Act. These types of disputes were previously case managed under the former Retail Tenancy List and Real Property List.
Ian Lulham is a Deputy President of VCAT, Head of the Civil Claims List and Director of Alternative Dispute Resolution. He is the former Head of Owners Corporations List. He has been a full time member of VCAT since January 2010. Ian has been a registered mediator under the Australian National Mediator Standards since May 2009. Formerly, Ian was an Accredited Specialist Mediator of the Law Institute of Victoria, and a member and participant in various professional bodies including: Chair, Housing Guarantee Fund Ltd Appeals Committee, Mediator on various panels, which came and went over the years as a result of various reforms, such as the Legal Profession Tribunal; Legal Services Commissioner; and FICS). Ian was 'gazetted' as a mediator with the Magistrates' Court; and on the panels of mediators maintained by the County Court and Supreme Court. He has also acted as an Arbitrator on the panels held by the Law Institute of Victoria and the IAMA (now called the Resolution Institute), and sat on internal disciplinary boards of the Housing Industry Association and in the Architects Registration Board.
RACV City Club
Level 2, 501 Bourke St
Parking: The car park is located beneath the RACV Club. The following
rates apply, and will be dependent on the time of day that parking is
Full Day Rate $86.40 per vehicle
Hourly Rate $21.60 per hour
Breakfast Rate (Exit before 0930am) $21.60 per vehicle
Evening (After 5pm) / Weekend Rate $21.60 per vehicle
Tram: Closest stations are William/Bourke St or Queen/Bourke St
No parking or travel costs are included in the conference fee.
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"Great, fantastic to see such esteemed authorities on the subject area all gathered together and contributing/engaging with each other’s presentations."
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