Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 17A

Restriction on appeals

17A. Restriction on appeals





(1) An order made by the Trial Division constituted by a Judge of the Court-

   (a)  by consent of the parties; or

   (b)  as to costs which are in the discretion of the Trial Division-

is not subject to appeal to the Court of Appeal except by leave of the Court
of Appeal or by leave of the Judge of the Court constituting the Trial
Division which made the order.

(2) An order made by the Trial Division constituted otherwise than by a Judge
of the Court-

   (a)  by consent of the parties; or

   (b)  as to costs which are in the discretion of the Trial Division-

is not subject to appeal to the Trial Division constituted by a Judge of
the Court except by leave of the Trial Division constituted by a Judge of
the Court or by leave of the person constituting the Trial Division which made
the order.

(3) Except as provided in Part VI of the Crimes Act 1958, an appeal does not
lie from a determination of the Trial Division constituted by a Judge of
the Court or constituted by an Associate Judge made on or in relation to the
trial or proposed trial of a person on indictment or presentment.

(3A) An order made by the Trial Division constituted by a Judge of the Court
or constituted by an Associate Judge on an appeal to the Court-

   (a)  under section 148(1)(b) of the
        Victorian Civil and Administrative Tribunal Act 1998; or

   (b)  under section 92 or 109 of the Magistrates' Court Act 1989-

is not subject to appeal to the Court of Appeal except by leave of the Court
of Appeal or by leave of the Judge of the Court or Associate Judge
constituting the Trial Division.

(3B) Subsection (3A) applies only to an order made on an appeal instituted
after the commencement of section 10 of the Courts and Tribunals Legislation
(Further Amendment) Act 2000.

(4) An appeal does not lie to the Court of Appeal-

   (a)  from an order allowing an extension of time for appealing from a
        judgment; or

   (b)  without the leave of the Judge of the Court or Associate Judge
        constituting the Trial Division or of the Court of Appeal, from a
        judgment or order in an interlocutory application, being a judgment or
        order given by the Trial Division constituted by a Judge of the Court
        or an Associate Judge, as the case requires, except in the following
        cases-

   (i)  when the liberty of the subject or the custody of minors is concerned;

   (ii) cases of granting or refusing an injunction or appointing a receiver;

   (iii) a decision determining the claim of a creditor or the liability of a
        contributory or the liability of a director or other officer under the
        Corporations Act or the Corporations Law or the Companies (Victoria)
        Code in respect of misfeasance or otherwise;

   (iv) a decision dismissing a proceeding for want of prosecution;

   (v)  such cases prescribed by the Rules as in the opinion of the Judges of
        the Court making the Rules are of the nature of final decisions.

(5) An order refusing unconditional leave to defend a proceeding is to be
taken not to be a judgment or order in an interlocutory application within the
meaning of this section.

(6) An appeal does not lie to the Court of Appeal from an order giving
unconditional leave to defend a proceeding.

(7) An application for leave to appeal may be made without notice to any other
party unless the Court of Appeal or the Judge of the Court or an Associate
Judge constituting the Trial Division which gave the judgment otherwise
directs.