I was recently unsuccessful in a merits review at VCAT. I disagree with this decision and have been told I have the potential to appeal it to a court for ‘judicial review’. Can I do this myself or should I get a lawyer?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Alison Christou, Brisbane 4000 QLD
- As with most court hearings you might be able to represent yourself in appealing the review decision. However judicial review is based upon quite specific legal issues regarding the decision. All of the small facts and circumstances of your grievance that were discussed in detail during merits review might become largely irrelevant at the stage of judicial review. It can be difficult to sort out what the court will want to hear about and what will be deemed unrelated to the case.
- For these reasons a specialist administrative lawyer can be preferable to attempted self-representation in judicial review cases.