Related Publications
- Affidavit in Support of Application for Bail Guide
- Affidavit in Support of having Default Judgment Set Aside Guide
- Checklist for Leave to Appeal VCAT Decisions (PDF)
- Checklist for Preparing and Filing an Affidavit
- SUPREME - Civil Litigation Flowchart (PDF)
- Form 43A Certificate Identifying Exhibit Guide
- Form 46A Guide
- Form 5A Writ Guide
- Form 8A Notice of Appearance Guide
- Important Information for People in a Civil Dispute
- Notice of Appeal Against Order of Master Guide
- Notice of Appeal Guide
- Notice of Change of Address for Service Guide
- Notice of Discontinuance Guide
- Notice of Intention to make Application for Bail Guide
- Summons for Taxation of Costs Guide
- Summons to have Default Judgment Set Aside Guide
Web Links and Legislation
Before and After an Application for Leave to Appeal a Decision of Victorian Civil and Administrative Tribunal
Preparation of documents
Documents for preparation may be found in the Court Document folder on this website.
For Trial Division
You should prepare:
- an ORIGINATING MOTION (Form 5C)
- a SUMMONS on ORIGINATING MOTION (Form 45A)
- an AFFIDAVIT exhibiting a Draft Notice of Appeal, copy Victorian Civil and Administrative Tribunal (VCAT) order and/or written reasons in support of the application.
The affidavit should set out the acts, facts and circumstances concerning the order of the tribunal and draft grounds of appeal.
If any of the exhibits to the affidavit mentioned above are not available, the reasons for their unavailability should be stated in the affidavit.
You can file all these documents at the same time or you can file the Originating Motion first and then the Summons and Affidavit must be filed within seven days of the date upon which you filed the Originating Motion.
If you are seeking leave to appeal the decision/order out of time (that is, beyond the 28 day time limit) your Summons must identify that you are doing so.
For Court of Appeal Division
You should prepare:
- a SUMMONS (Form 46A)
- an AFFIDAVIT in support exhibiting a Draft Notice of Appeal, copy VCAT order and any written reasons in support of the application.
The rules require that the Summons be filed and served within 28 days of the date of the VCAT order and then all affidavits in support of the Summons must be filed and served within three days of the filing of the Summons.
If you are seeking leave to appeal out of time, your Summons must identify that you are doing so.
Filing and serving
You should file original documents in person either at the Supreme Court Registry or the Court of Appeal Registry. Filing fees are available under Related Pages (top right of this page)
There is no fee for the filing of an Affidavit.
Once the documents are filed, the registry staff will give the date, place and time when all parties involved need to come to court. Copies of all documents that have been filed need to be served upon all persons or companies named as parties together with a copy to be served upon VCAT.
Once all parties are served, file an AFFIDAVIT of SERVICE setting out how, where, when and upon whom you served copies of all documents (see Rule 6.17 Chapter 1 Supreme Court (General Civil Procedure) Rules 2005.
Stay of execution of an order
In some cases, there may be a need to ask VCAT to stay the execution of any order made by the tribunal (requesting that a hold be placed on carrying out the VCAT order).
If unsuccessful in obtaining a stay of a VCAT order, an urgent application may be made to the Practice Court of the Supreme Court requesting to have the order made at VCAT stayed pending the hearing of the leave to appeal application and or the appeal itself. (For after-hours assistance contact the Associate to the Practice Court on 0412 251 757).
If the matter is to be heard in the Court of Appeal, a request for a stay of the VCAT order can be applied for in the Summons for leave to appeal.
After the hearing of leave to appeal application
Trial Division
In the Trial Division the hearing is before a Master. If the initial hearing of the application of seeking leave to appeal is successful, then the Master will issue directions as to how the matter is to proceed further. You must file a NOTICE of APPEAL in order to continue the appeal proceedings, no later than 14 days after leave to appeal has been granted (a draft of this notice was exhibited to the Affidavit which you initially filed).
Court of Appeal
In the Court of Appeal, the hearing is before a judge.
If the leave to appeal application is successful, file and serve the Notice of Appeal within 14 days. Within seven days after that, file a Note of proposed contents of Appeal Books with the registry together with a list of persons served with the Notice of Appeal. If the Note of proposed contents of the Appeal Book is not received within time, the appeal is deemed abandoned.
If unsuccessful in either the Trial Division or Court of Appeal, there is a chance that an order for costs will be made against the unsuccessful party.