Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 12

Opinions equally divided

12. Opinions equally divided



(1) If an appeal or other matter has been heard by the Court of Appeal
constituted by 2 Judges of Appeal and the Judges differ in opinion, the appeal
or other matter must be re-heard before the Court of Appeal constituted by
more than 2 Judges.

(2) If an appeal or other matter has been heard by the Court of Appeal
constituted by more than 2 Judges of Appeal and the Judges are equally divided
in opinion, the judgment of the Court must be given in accordance with the
opinion of the senior Judge of Appeal then present.