Mylo

Kerser

VCAT President, Garde J, today declared that the new Standard (gazetted 31 January 2014) for restricted breed dogs applies to the rehearing of the Kerser and Mylo applications. The reasons for judgement may be read here: Applebee v Monash City Council. The matters have been listed for hearing on Monday 14 April before the President for 2 days.

Panel senior and junior counsel, instructed by Panel law firms, appeared on the applications as to whether the new or old Standard applied. The council officer declarations that Kerser and Mylo were restricted breed dogs were made under the old Standard.

The old Standard left the council authorised officer, and on review VCAT, to determine whether, in accordance with the Supreme Court of Victoria test in Dudas [20012] VSC 578 per Kaye J, there was a high or substantial level of correspondence between the dog and the approved Standard. The new Standard, on the other hand, thwarts the Dudas test and makes it significantly easier for a dog to fall within the (new) Standard.

Panel counsel and law firms will appear and instruct for Jade Applebee and Jessica Gray at the hearing of the Kerser an Mylo matters on 14 April 2014.