In Mirams v Boroondara CC [2022] VCAT 928, the Tribunal considered an application for planning permit to remove a restrictive covenant from a title to land in the Grace Park Estate. Following the provision of notice, a practice day hearing was held, followed by a preliminary hearing at which the permit applicant was represented by a QC, Council and three objectors were represented by solicitors and two parties were represented by lay advocates.

In contrast, a similar application was considered by the Supreme Court in Re Moolman in S ECI 2025 4277. No notice was required and the Court determined the application after brief submissions from counsel.

The wording of the covenants were in all relevant respects identical and the effect similar, namely the discharge of the covenants, but the VCAT proceedings took months and attracted considerable attention, whereas the Supreme Court granted the relief sought without notice and in the space of three weeks from commencement of the application.