Victorian Current Acts Victorian Current Acts(1) An application for review shall be made ex parte not later than thirty days after the giving of notification of the decision or the reasons therefor (whichever is the later) supported by evidence on affidavit showing a prima facie case for relief under section 7.
S. 4(2) amended by No. 110/1986 s. 140(2) (Sch.).
(2) The Court, notwithstanding that a prima facie case for relief is disclosed, may refuse any such application if satisfied that no matter of substantial importance is involved or that in all the circumstances such refusal will impose no substantial injustice upon the applicant.
S. 4(3) amended by Nos 10097 s. 174(8)(a), 110/1986 s. 140(2) (Sch.), 4/1989 s. 8(1)(a), 41/1995 s. 62(Sch. 1 item 1) (as amended by No. 84/1997 s. 11), substituted by No. 52/1998 s. 311(Sch. 1 item 2.1), amended by Nos 30/2003 s. 81(1), 21/2012 s. 239(Sch. 6 item 2).
(3) If an application for review relates to a proceeding in the Victorian Civil and Administrative Tribunal under Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012 in relation to a small claim or under a credit enactment within the meaning of clause 2 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 , the Court must refuse the application unless it is satisfied that the applicant has made out a prima facie case for relief under section 7 on the ground that—
(a) the Tribunal had or has no jurisdiction in relation to the matter; or
(b) there has been a denial of natural justice to a party in the proceeding before the Tribunal.
S. 4(4) inserted by No. 9514 s. 159, amended by No. 110/1986 s. 140(2) (Sch.), substituted by No. 52/1998 s. 311(Sch. 1 item 2.1).
(4) If an application for review relates to a proceeding in the Victorian Civil and Administrative Tribunal or a determination or order of that Tribunal under the Residential Tenancies Act 1997 , the Court must refuse the application unless it is satisfied that the applicant has made out a prima facie case for relief under section 7 on the ground that—
(a) the Tribunal had or has no jurisdiction in relation to the matter; or
(b) there has been a denial of natural justice to the applicant or to a party in the proceeding before the Tribunal.