Victorian Consolidated Legislation

County Court Act 1958 - SECT 74

Appeal to the Court of Appeal6

74. Appeal to the Court of Appeal6



(1) Subject to this section, any party to a civil proceeding who is
dissatisfied with any judgment or order of the court constituted by a judge
other than an associate judge may appeal from the same to the Court of Appeal,
notwithstanding that the civil proceeding may have been brought in
the County Court by consent as provided by this Act.



(2) An appeal by a party referred to in subsection (1)-

   (a)  unless paragraph (b) applies, must be brought by notice served within
        14 days after the day of the judgment or order of the court on all
        parties to the proceedings;

   (b)  if the appeal is from a judgment or order refusing an application made
        without notice to a person, must be brought by notice filed in the
        Court of Appeal within 14 days after the judgment or order.

(2A) The Court of Appeal may extend the time within which an appeal may be
brought, whether or not the time has expired and whether or not an application
for extension of time has been made.

(2B) A notice of appeal-

   (a)  must state whether the whole or part only and which part of the
        judgment or order the appellant is dissatisfied with; and

   (b)  must state specifically and concisely the grounds of complaint and the
        judgment or order sought in place of that from which the appeal is
        brought.

(2C) A notice of appeal may be amended at any time as the Court of Appeal
thinks fit.



(2D) An appeal does not lie to the Court of Appeal from a judgment or order of
the court in an interlocutory application, being a judgment or order made on
or after the commencement of section 32 of the Constitution (Court of Appeal)
Act 1994, except with the leave of the Court of Appeal.

(2E) An appeal does not lie to the Court of Appeal from a judgment or order of
the court as to costs which are in the discretion of the court, being a
judgment or order made on or after the commencement of section 11 of the
Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007,
except with the leave of the Court of Appeal or of the judge constituting the
court which gave the judgment or made the order.

(3) The Court of Appeal shall decide the matter of such appeal and shall have
power to draw any inference of fact and shall on the hearing of such appeal
make such order as is just, and may either dismiss such appeal or reverse or
vary the judgment or order appealed from, and may direct the civil proceeding
to be reheard before the Trial Division of the Supreme Court or
the County Court, but shall not in any case unless the Court of Appeal
otherwise specially directs remit the proceeding for rehearing before the
court constituted by the judge before whom the same was originally heard, and
may make such order with respect to the costs of the said appeal and of the
proceeding in which the judgment or order has been given or made, as such
court may think proper and such orders shall be final.

(4) Except so far as the Court of Appeal or the County Court otherwise orders,
an appeal from a judgment or order made on or after the commencement of
section 11 of the Courts Legislation Amendment (Judicial Education and Other
Matters) Act 2007 does not operate as a stay of execution or of proceedings
under the judgment or order.

(5) The rules for the time being in force with respect to ordering security
for the costs of appeals from the Trial Division of the Supreme Court to the
Court of Appeal shall, so far as practicable, apply to and govern appeals from
the County Court.

(6) Nothing herein contained shall authorize any party to appeal against any
decision of the court given upon any question as to the value of any real or
personal property for the purpose of determining the question of the
jurisdiction of the court under this Act nor to appeal against the decision of
the court on the ground that the proceedings might or should have been taken
at any other place of sitting of the County Court.

(7) No appeal shall lie from any judgment or order of the court, if before it
is pronounced the parties agree, in writing signed by themselves or their
practitioners, that it shall be final.