Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 17B

Reference of matters to Court of Appeal

17B. Reference of matters to Court of Appeal



(1) Any case or question in a case which for any reason is deemed fit to be
re-argued before decision or to be re-heard before final judgment, may be
argued before the Court of Appeal, if the Trial Division so directs.

(2) The Trial Division constituted by a Judge of the Court or constituted by
an Associate Judge may, at the request of one of the parties but (unless the
contrary is expressly enacted) not otherwise, reserve any proceeding or
question in a proceeding for the consideration of the Court of Appeal, or
direct any proceeding or question in a proceeding to be argued before
the Court of Appeal.

(3) If a case, question or proceeding is reserved for the consideration of
the Court of Appeal, or is directed by the Trial Division to be argued before
it the Court of Appeal and-

   (a)  the Court of Appeal gives leave, the case, proceeding or question may
        be considered by, or argued before, the Court of Appeal; or

   (b)  the Court of Appeal refuses leave, the case, proceeding or question
        must be remitted to the Trial Division for determination by it.

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