Mylo files fresh VCAT Application



Today VCAT President, Garde J, granted leave to the owner of Mylo to file a fresh application out of time challenging the City of Brimbank’s declaration on 17 May 2012 that he is a restricted breed dog. The fresh application was directed to be filed by 29 July: it was in fact filed today soon after the hearing concluded.

It will be recalled that on 5 June 2014 Mylo’s (owner’s ) VCAT application was withdrawn to enable an application to the Minister for Agriculture to proceed seeking exemption of Mylo from the operation of relevant provisions of the Domestic Animals Act 1994. The Minister by letter received shortly before the scheduled hearing on 5 June 2014 had stipulated that the legal proceedings should first run their course before he would consider the application. The exemption application has been now deferred for the time being, some 7 weeks after the initial request for exemption of Mylo was made.

Panel counsel Noel Magee QC and Andrew Felkel, instructed by Panel law Firm, Holding Redlich of Melbourne, appeared for Mylo’s owner. The application was opposed by counsel appearing for the City of Brimbank

VCAT President, Garde J, mindful of the period of incarceration of Mylo, fixed the hearing on the first available date of 20 October 2014.

The Panel extends its grateful thanks to counsel and instructing solicitors acting on this application, including previous instructing solicitors, Turks Legal, Melbourne.

The Panel is unable to make any further comment.