Administrative Reviews & Appeals: VCAT and ART
Clear advice, careful preparation and strategic representation when a government, regulator or other decision-maker affects your rights or interests.
Challenging an administrative decision
An unfavourable decision does not always have to be the final word. Depending on the legislation and the type of decision, you may be entitled to seek internal review, merits review at the Victorian Civil and Administrative Tribunal (VCAT) or the Administrative Review Tribunal (ART), or judicial review by a court.
Izadnia Lawyers assists individuals, professionals and businesses to understand the decision, identify the correct review pathway and present a focused case supported by relevant evidence and legal submissions. We are located in Melbourne’s northern suburbs and assist clients across Victoria.
Time limits may be strict
The deadline depends on the decision and governing legislation. Some periods cannot be extended. Contact us promptly and provide the complete decision letter, the reasons, all attachments and the date you received it.
VCAT matters in Victoria
VCAT deals with a broad range of Victorian disputes and applications. In its review jurisdiction, VCAT may reconsider certain decisions made by Victorian Government departments, local councils, regulators and other statutory decision-makers. It also determines many civil and property-related disputes.
Our VCAT services may include
- review of eligible government, council, licensing and regulatory decisions
- planning, land-use and environment matters
- professional registration and disciplinary matters
- owners corporation, property and co-ownership disputes
- residential tenancy and retail or commercial tenancy matters
- consumer, trader and other civil disputes within VCAT’s jurisdiction
We can assess jurisdiction, standing and time limits; prepare the application and supporting material; advise on evidence and settlement strategy; draft submissions; and represent you at compulsory conferences, mediations and hearings where appropriate.
ART reviews of Commonwealth decisions
The Administrative Review Tribunal independently reviews eligible decisions made under Commonwealth law. Where it has jurisdiction, the ART generally takes a fresh look at the facts, law and policy and may affirm the original decision, vary it, set it aside or substitute another decision.
ART matters may involve
- migration, protection, citizenship and character decisions
- National Disability Insurance Scheme (NDIS) decisions
- Centrelink, family assistance and child support decisions
- taxation, workers’ compensation and veterans’ entitlement decisions
- freedom of information, passports and Commonwealth regulatory decisions
Migration, protection and character review matters are handled through Regal Migration Services, the migration practice brand of Izadnia Lawyers Pty Ltd.
How we prepare your tribunal matter
1. Review the decision
We examine the decision, reasons, governing legislation, review rights and deadline.
2. Define the issues
We identify the questions the Tribunal must decide and the evidence needed to address them.
3. Build the case
We organise documents, witness material, expert evidence where required and persuasive written submissions.
4. Resolve or appear
We pursue practical resolution and prepare you for conferences, mediation or the final hearing.
Merits review, appeal or judicial review?
Merits review
The tribunal reconsiders an eligible decision and determines the correct or preferable outcome within its statutory powers.
Appeal on a question of law
Some tribunal decisions may be appealed to a court, usually only on a question of law and subject to legislation and strict deadlines.
Judicial review
A court examines whether the decision was made lawfully. It does not simply remake the decision because another outcome may be preferable.
The correct pathway depends on the decision, the legislation, the available review rights and the procedural history.
Received a decision you want reviewed?
Contact Izadnia Lawyers promptly. Please have the complete decision letter, reasons, attachments and the date of receipt available so we can assess the appropriate next step.