As reported in the Age, the VCAT hearing which originally went for three days in March will now have to be reconstituted because of the oversight by the VCAT Deputy President to not disclose membership of the National Trust. On Monday 13 April 2015, Save the Palace, National Trust of Australia (Vic) and Melbourne Heritage Action Group received correspondence from the Victorian Civil and Administrative Tribunal stating that one of the Tribunal members who presided over the hearing of this matter was a member of the National Trust. Until this time the National Trust (Vic) was unaware that the Tribunal member was one of its approximate 23,000 Victorian members. Jinshan Investments as it was entitled to do so, applied for a reconstitution. The order made on 18 May by President of the Tribunal, Justice Garde, and noting that the Tribunal has a critical role in decision-making, it is ïmperative that the impartiality and independence of the Tribunal be, and seen to be, above reproach.”

A directions hearing has been set for Monday 5 June.