Hallett v Robert James Lawyers

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

JUDICIAL REVIEW AND APPEALS LIST

S ECI 2019 02978

ARTHUR HALLETT Appellant
v
ROBERT JAMES LAWYERS First Respondent
and
THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL Second Respondent

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JUDGE:

O’Meara J

WHERE HELD:

Melbourne

DATE OF HEARING:

18 June 2021

DATE OF JUDGMENT:

24 June 2021

CASE MAY BE CITED AS:

Hallett v Robert James Lawyers

MEDIUM NEUTRAL CITATION:

[2021] VSC 363

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ADMINISTRATIVE LAW – Victorian Civil and Administrative Tribunal – Litigant in person – Application struck out – Application for leave to appeal under s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) and appeal if leave is granted – Appeal on a question of law – Denial of natural justice – Appeal allowed – Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 71, 75, 148 – Australian Consumer Law and Fair Trading Act 2012 ss 183, 189 – Towie v Victoria [2008] VSC 177 considered.

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APPEARANCES:

Counsel Solicitors
For the Appellant AFL Krohn Provest Law
For the First Respondent No appearance
For the Second Respondent No appearance

HIS HONOUR:

A        Background

  1. In early 2017 the appellant was a defendant in a Magistrates’ Court proceeding.  On about 31 January 2017, he retained the first respondent to act for him in that proceeding, which was listed for final hearing on 9 February 2017.  From the perspective of the appellant, the matter was not ready to proceed.

  1. At the request of the first respondent and commencing on 1 February 2017, the appellant deposited tranches of $2,000 into the first respondent’s trust account until he had deposited a total sum of $10,000.

  1. The opposing litigant did not agree to a proposed adjournment.  It seems that the appellant proposed to file and serve an amended defence and counterclaim and, as I have noted, from his perspective the matter was not then ready to proceed.

  1. Ultimately, it seems that the matter of an adjournment needed to be argued before the Magistrates’ Court.  In connection with that hearing, the appellant’s legal practitioner, Benjamin Franklin, swore an affidavit dated 8 February 2017.  The affidavit deposed to various aspects of the history of the proceeding and the state of preparation of the appellant’s defence.  Mr Franklin deposed to the appellant being at that point ‘fatally underprepared … to conduct a trial and properly present his defence at the Hearing on Thursday 9 February 2017’.  Mr Franklin deposed to various other matters relevant to the application for adjournment, including the appellant’s then state of health.

  1. In the present proceeding, the appellant deposes that an adjournment of the Magistrates’ Court proceeding was obtained, but only for two weeks, and the appellant was ordered to pay costs.  He claims that a costs order might have been avoided if the request for an adjournment had been made ‘in a timely manner’.  Nothing presently turns upon that assertion.

  1. The appellant deposes that he later engaged Rigby Cooke Lawyers and then incurred ‘duplicated costs’.…

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Details
Case
[2021] VSC 363
Decision Date

CaseChat Overview and Summary

In the case of Hallett v Robert James Lawyers, the dispute involved an application by the applicant, Hallett, to have his application to the Victorian Civil and Administrative Tribunal (VCAT) reinstated, which was previously struck out. Hallett was acting as a litigant in person. The matter was heard in the Supreme Court of Victoria. The primary legal issue was whether Hallett's right to natural justice was denied when his application was struck out without providing him the opportunity to respond to the respondent's submissions.

The Supreme Court examined whether the procedural steps taken by VCAT complied with the principles of natural justice. The court noted that Hallett was not given the opportunity to respond to the respondent's submissions before the application was struck out. The court considered the relevant statutory provisions, including sections 71, 75, and 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), as well as sections 183 and 189 of the Australian Consumer Law and Fair Trading Act 2012. The court also referred to the case of Towie v Victoria [2008] VSC 177 for guidance on the principles of natural justice.

Upon considering the evidence and arguments presented, the Supreme Court found that Hallett's right to natural justice was indeed denied, as he was not given an opportunity to respond to the respondent's submissions before his application was struck out. Consequently, the appeal was allowed, and the matter was remitted back to VCAT for reconsideration. The court emphasised the importance of adhering to the principles of natural justice in administrative law proceedings.

Orders

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Background

Background to the litigation

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Decision

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Legal Principle Established

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