Disputes and advice / Supreme Court and appeals
Supreme Court proceedings and appeals from VCAT
Most disputes start and finish in VCAT, but some cases about a power of attorney belong in the Supreme Court. A party can also appeal VCAT's decisions there on a question of law. Victorian law.
On this page: Rehearing or appeal VCAT or the Supreme Court Costs What it costs The law Enquire
Power of attorney in the Supreme Court: in short
- The Supreme Court, as well as VCAT, may order an attorney to pay compensation and may relieve an attorney of liability.
- VCAT may refer a compensation application to the Supreme Court.
- An attorney who wants to resign after the principal has lost capacity, with no other attorney to take over, needs the leave of VCAT or the Supreme Court.
- A party may appeal from a VCAT order to the Supreme Court on a question of law, with leave. The application for leave must be made within 28 days after the day of the order.
Rehearing or appeal?
| Rehearing at VCAT | Appeal to the Supreme Court | |
|---|---|---|
| What it is | The application is heard again by a more senior member | A review limited to questions of law |
| Who | A party; others with leave | A party, with leave |
| Time | 28 days after the order, or after written reasons are given where requested | 28 days after the order |
| Not available | For a suspension order, or an order made by the President | Where the President or a Vice President sat, the appeal goes to the Court of Appeal, with its leave |
VCAT or the Supreme Court?
It depends on what has to be recovered and from whom. We advise on the choice in the first advice.
Costs
In VCAT each party bears their own costs unless VCAT orders otherwise. Costs in the Supreme Court work differently, and we cover them in the first advice. [CHECK: add a sentence on Supreme Court costs if he wants one.]
Power of attorney in the Supreme Court: what it costs
First advice on the papers with a written plan, $880 including GST. Court work is quoted in stages, or charged at $500 an hour plus GST where a stage cannot be fixed, with counsel’s fees separate. [CHECK: decide on counsel.]
Next step
If VCAT has made an order, send it to us with its date. The 28 days are short. Send us the documents or call 1800 776 529.
Power of attorney in the Supreme Court: the law
- Powers of Attorney Act 2014 (Vic) ss 59, 74, 77, 80, 126, 130, 133.
- Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 109, 148.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
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Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]