The Victorian Civil and Administrative Tribunal (VCAT) is responsible for resolving disputes across various sectors in Victoria, Australia. Parties involved in VCAT hearings may sometimes need additional time to prepare their case, seek legal advice, or gather necessary evidence. In such cases, they can request an adjournment.
An adjournment is a postponement of a scheduled hearing to a later date. To obtain one, a party must submit a VCAT Request for Consent to an Adjournment and receive approval. Understanding the process and requirements is crucial to ensure the request is handled efficiently.
What is a VCAT Adjournment?
An adjournment at VCAT is when a scheduled hearing is delayed or rescheduled. This can happen due to:
- The unavailability of a key witness.
- The need for more time to gather evidence.
- The requirement for legal representation.
- Personal emergencies affecting a party.
VCAT encourages matters to proceed as scheduled, so adjournment requests are only granted if there is a valid reason.
Understanding the Request for Consent to an Adjournment
Before formally applying for an adjournment, a party must attempt to seek consent from the other parties involved. This is done using the VCAT Request for Consent to an Adjournment form.
The key elements of the request include:
- Case details (VCAT reference number, names of parties).
- Reason for adjournment.
- Proposed new hearing date (if applicable).
- Confirmation of consent from other parties.
If the other parties agree, it increases the likelihood of the request being approved. However, if they refuse, the applicant must provide strong reasons for the adjournment.
Valid Reasons for Requesting an Adjournment
Not all adjournment requests are granted. The applicant must provide a legitimate reason supported by evidence. Common valid reasons include:
1. Medical Emergency
If a party or key witness is unable to attend due to illness or injury, medical documentation should be provided.
2. Legal Representation Issues
If legal counsel is unavailable, an adjournment may be granted to allow time for alternative representation.
3. New Evidence Discovered
If critical new evidence is found that could affect the outcome of the case, more time may be needed to prepare.
4. Settlement Negotiations
If parties are close to resolving the dispute outside of VCAT, an adjournment may be beneficial to finalize agreements.
5. Personal Circumstances
In exceptional cases, personal issues (such as family emergencies) may justify rescheduling.
How to Apply for an Adjournment at VCAT
The process of requesting an adjournment consists of several steps.
Step 1: Seek Consent from Other Parties
Before applying to VCAT, the requesting party should contact the other parties and seek their written consent for the adjournment. If they agree, this strengthens the case for approval.
Step 2: Complete the Request for Consent to an Adjournment Form
The form requires key details such as:
- Hearing details (date, time, location).
- Reason for adjournment.
- Whether other parties consent.
Step 3: Submit the Request to VCAT
Once the form is completed, it should be submitted via:
- VCAT’s online portal.
- Email or fax.
- In-person submission.
Step 4: Await a Decision
VCAT will assess the request based on:
- The reasonableness of the request.
- Whether an adjournment will cause unfair delays.
- The impact on other parties.
The tribunal may approve the request, refuse it, or request additional information.
What Happens if an Adjournment is Denied?
If VCAT denies the request, the hearing will proceed as scheduled. The party must attend the hearing or risk default judgment. If unforeseen circumstances arise after denial, a new request can sometimes be made.
Tips for a Successful Adjournment Request
To increase the chances of a successful adjournment request:
- Provide strong supporting evidence (medical certificates, legal correspondence, etc.).
- Seek consent from other parties early to avoid objections.
- Submit the request well in advance to allow VCAT time to review.
- Clearly explain how the adjournment will benefit all parties.
A VCAT Request for Consent to an Adjournment is a formal way to seek postponement of a hearing. While adjournments are not guaranteed, providing a valid reason and following the correct procedure increases the likelihood of approval. By understanding the requirements, preparing strong evidence, and seeking consent from other parties, applicants can improve their chances of securing an adjournment.