| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2025 03520
| MICHELE D’ANGELO | First Plaintiff |
| and | |
| EVA INNOCENTI D’ANGELO | Second Plaintiff |
| v | |
| THE DOMICILE GROUP PTY LTD (ACN 097 447 455) | First Defendant |
| and | |
| VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL | Second Defendant |
---
JUDGE: | McDonald J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 24 June 2025 |
DATE OF JUDGMENT: | 2 July 2025 |
CASE MAY BE CITED AS: | D’Angelo v The Domicile Group Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2025] VSC 395 |
---
CONSTITUTIONAL LAW – Plaintiffs alleged that by reason of their reliance upon the Australian Consumer Law (Cth) (‘ACL’) in VCAT proceedings VCAT did not have jurisdiction to hear and determine the proceeding – Plaintiffs’ application for judicial review involved a matter arising under the Commonwealth Constitution – Plaintiffs failed to serve notices of a constitutional matter upon Attorneys-General of the Commonwealth and States – Whether necessary in the interests of justice for the Court to grant an urgent interlocutory injunction – Judiciary Act 1903 (Cth) ss 78B(1), 78B(5).
INJUNCTIONS – Application for urgent interlocutory injunction to restrain VCAT from hearing a proceeding – Whether VCAT lacked jurisdiction to hear proceeding by reason of plaintiffs’ reliance on the ACL – Whether the reference to the ACL in points of claim in VCAT proceeding referred to ACL as a law of the Commonwealth or as a Victorian law – When read in context the reference to the ACL was a reference to the ACL as a Victorian law – Not necessary in the interests of justice to restrain VCAT from continuing to hear the plaintiffs’ claim – Competition and Consumer Act 2010 (Cth) schedule 2, ss 18, 236 – Australian Consumer Law and Fair Trading Act 2012 (Vic) ss 8, 12, 13, 224 – Supreme Court (General Civil Procedure) Rules 2015 Order 56.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr C Dawlings | Fairweather Legal |
| For the First Defendant | Mr R Harris | Marchesin & Co Lawyers |
| For the Second Defendant | No appearance |
HIS HONOUR:
The plaintiffs commenced proceedings against the first defendant in the Building and Property List of the Victorian Civil and Administrative Tribunal (‘VCAT’) in August 2020. In further amended points of claim dated 22 November 2022,[1] the plaintiffs alleged, inter alia, that the first defendant engaged in misleading and deceptive conduct in breach of s 18 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (‘ACL’).[2] The prayer for relief included a claim for damages under s 236 of the ACL.[3] The same claims were repeated in second further amended points of claim filed on 15 April 2024.[4]
[1]Further Amended Points of Claim dated 22 November 2022, 1-7 of the exhibit to the Affidavit of David Fairweather sworn 23 June 2025.
[2]Ibid, 5-6 [18]-[21].
[3]Ibid, 7.
[4]Second Further Amended points of Claim dated 15 April 2024, 8-18 of the exhibit to the Affidavit of David Fairweather sworn 23 June 2025.
The plaintiffs’ claim was listed for a…
Keep reading for free
Create a free CaseChat account to read D'Angelo v The Domicile Group Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] VSC 395
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the reference to the ACL in the points of claim in the VCAT proceeding referred to the Commonwealth law or the Victorian law. D’Angelo argued that the reference was to the Commonwealth law, thereby giving VCAT no jurisdiction. The Court considered whether the context of the proceeding suggested a reference to the Victorian law, as opposed to the Commonwealth law. Additionally, the case involved a procedural requirement under the Judiciary Act 1903 (Cth) for notices of constitutional matters to be served on the Attorneys-General of the Commonwealth and States, a procedural step that D’Angelo had failed to observe.
The Court found that the reference to the ACL in the points of claim, when read in context, was a reference to the ACL as a Victorian law. Consequently, VCAT had jurisdiction to hear the proceeding. The Court also noted that the failure to serve notices on the relevant Attorneys-General did not necessitate an interlocutory injunction, as it did not appear to be in the interests of justice to restrain VCAT from continuing to hear the proceeding. The Court concluded that it was not necessary to intervene at that stage, as the matter could be resolved through the normal course of litigation.
The Court did not grant the interlocutory injunction, and the proceeding before VCAT continued as planned. The Court's decision underscored the importance of correctly identifying the applicable law in jurisdictional disputes and the necessity of adhering to procedural requirements in constitutional matters.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.