Application to disqualify someone who is not a lawyer
The Legal Services Board can apply to VCAT to disqualify someone who has been convicted of a serious offence, is not a fit and proper person or is otherwise unsuitable to work in a legal office. 'Fit and proper' is a legal term that incorporates such things as honesty, knowledge, ability and character.
A disqualified person must not be employed by any legal practitioner unless the Victorian Legal Services Board gives its approval.
Apply to have order revoked
Someone who has been disqualified indefinitely has the right to apply to VCAT to have the order revoked. Use the Application for order form.
When VCAT receives the completed application we assign a reference number and send a copy of the application to the parties. We also send a notice that tells the parties what happens next. For example you may be required to attend a directions hearing, a compulsory conference or mediation. Read more about what happens when VCAT opens a case.
At VCAT we use compulsory conferences and mediation to allow the parties to work together towards a settlement. If you have been told to attend a compulsory conference or mediation, you need to prepare an opening statement. Use the opening statement to clearly state your case and what you hope to achieve. It can be a helpful starting point for discussion between the parties. You also need to think about the strengths and weaknesses of your case and the other party's case. See more about how to resolve a case by agreement.
A VCAT member decides the case based on witness statements, the evidence witnesses give at the hearing and the documents presented. The member also takes into account any submissions the parties make. As soon as you receive the notice of hearing from us, start preparing for the hearing. Read more about how to prepare for your final hearing.
Arrive at VCAT with plenty of time so that you are not late for your hearing. When your case is called, move into the hearing room. Parties have the opportunity to make statements in support of their case. Each party has a brief right of reply. Read more about what to expect on hearing day.
The VCAT member may give their decision at the end of the hearing. If they need more time they normally give a decision within six weeks of the last hearing date. The VCAT member may give reasons for the decision verbally or in writing. If you want the reasons in writing, make the request within 14 days of the hearing date. Read more about what to expect after the final hearing.
If you want to be represented by a lawyer or some other person at the final hearing tell the member at the directions hearing.
The VCAT member who conducts the final hearing grants or refuses permission for you to be represented.
Read more about professional representation at VCAT.
Remember your reference number
VCAT gives you a reference number for your case. Use this number whenever you call or write to us or the other people involved in the case.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. Learn more about applying for confidentiality.
If you need assistance at VCAT (including interpreters, hearing loop, video or telephone links or family violence support) please contact us as early as possible so we can support you. Learn more about customer support services at VCAT.