Unfortunately, VCAT is not a court of precedent – it isn’t bound by earlier decisions on similar cases. However, it often takes guidance from such earlier decisions so they’re worth raising if they support your arguments. Use key words from your case (including from the council’s delegate report) to search the VCAT case database
Skim through each case – the key words are highlighted online so you can check each bit to see if it’s relevant to your situation.
Developers and their lawyers frequently use similar cases to push their arguments, but they often omit key issues that, if revealed, would show that a particular site is not really similar at all – it may be in a very different neighbourhood character area not shown by the developer’s photographs, or it may be in a different zone, etc.
It’s worth doing your homework so you can not only use similar cases yourself but also to be able to critique at least some that the other side tries to use. Remember, it is possible that if the developer succeeds at VCAT it could encourage more inappropriate development throughout the area.
SOS has more tips for objectors in the FAQs section, including a Residents Guide for objectors.
Environmental Justice Australia (formerly the Environment Defenders Office) and the Community Environmental Legal Service have kits on planning objections and running VCAT cases, although these are more environmentally focussed:
Environmental Justice Australia – EJA VCAT appeals kits
Community Environmental Legal Service –CELS VCAT appeals kits