Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 77.06.

Appeal to Judge of the Court

77.06. Appeal to Judge of the Court





(1) Subject to paragraphs (2) and (2.1) and Rule 77.07, any person affected by
any judgment given or order made by an Associate Judge under any Chapter of
the Rules of the Supreme Court may appeal to a Judge of the Court.

(2) No judgment or order of an Associate Judge given or made by consent or
order of an Associate Judge as to costs only shall be the subject of appeal
under paragraph (1) except by leave of a Judge of the Court or the
Associate Judge.

(2.1) No order of an Associate Judge made in an interlocutory application in a
proceeding in the Commercial Court shall be subject to an appeal under
paragraph (1) except by leave of a List Judge of that Court.

(3) If the application on which the Associate Judge gave the judgment or made
the order was not made on notice, the appeal shall be brought on for hearing
within five days of the judgment or order.





(4) If the application was made on notice, the appeal shall be by notice in
writing to attend before a Judge of the Court on the day and at the time named
in the notice, and the notice shall be filed within five days of the judgment
or order.

(5) The notice shall be served on every person interested not less than two
days before the day named in the notice.

(6) An order extending the time fixed by paragraph (3) or (4) may be made by a
Judge of the Court or the Associate Judge.

(7) The appeal shall be by re-hearing de novo of the application to the
Associate Judge but each party may, subject to any proper objections to
admissibility-

   (a)  rely upon any affidavit used before the Associate Judge and upon any
        evidence given orally before the Associate Judge;

   (b)  by special leave of the Judge of the Court, rely upon an affidavit or
        oral evidence not used or given before the Associate Judge.

(8) Except so far as a Judge of the Court or the Associate Judge otherwise
orders, an appeal shall not operate as a stay of execution or of proceedings
under the judgment or order.