VIC - Supreme Court Appeal Update - Ellen Tormey and Glenn Douglas

25 June 2020

On 23 December 2019, licensed trainer-driver Ellen Tormey and licensed trainer-driver Glenn Douglas, both applied to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the findings and penalties imposed on each of them by the Harness Racing Victoria (HRV) Racing Appeals & Disciplinary (RAD) Board on 19 December 2019.

The details of the HRV RAD Board matter in respect of both Ms Tormey and Mr Douglas can be viewed here, while the further HRV RAD Board Media Release regarding Ms Tormey can be found here.

On 19 May 2020, VCAT Senior Member Dea found that VCAT has no jurisdiction in the proceeding; that it was appropriate that the application be dismissed; and the stay orders made on 23 December 2019 be set aside. The full decision of 19 May 2020 can be viewed here.

On 20 May 2020, Ms Tormey and Mr Douglas applied to VCAT to have the operation of the tribunals orders of 19 May 2020 stayed, pursuant to section 149(1) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic). A stay of that decision was granted on condition that any subsequent appeal is filed and served by 4pm on 17 June 2020. That condition was not met, the stay granted on 20 May 2020 was revoked and the original penalty of disqualification was resumed.

On 19 June 2020, Ms Tormey and Mr Douglas filed a notice of appeal with the Supreme Court of Victoria. On 24 June 2020 a stay of the decision of the HRV RAD Board (19 December 2019) and the orders of VCAT (19 May 2020) was granted, pending the Supreme Court of Victoria hearing the appeal on 14 August 2020.