Victorian Current Acts Victorian Current Acts(1) A party to a proceeding before the Family Division or the Attorney-General, if he or she appeared or was represented in the proceeding under section 215(2), may appeal to the Supreme Court, on a question of law, from a final order of the Court in that proceeding.
S. 329(1A) inserted by No. 1/2022 s. 42.
(1A) If the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Court of Appeal.
S. 329(2) amended by No. 61/2014 s. 75.
(2) The person or persons named in an application for a permanent care order as suitable to have parental responsibility for a child must, for the purposes of this section, be taken to be a party to the proceeding for the permanent care order.
(3) If a protective intervener wishes to appeal under this section, the appeal must be brought by the Secretary on behalf of the protective intervener.
(4) An appeal under subsection (1)—
(a) must be instituted not later than 30 days after the day on which the order complained of was made; and
(b) does not operate as a stay of any order made by the Court unless the Supreme Court so orders.
(5) Subject to subsection (4), an appeal under subsection (1) must be brought in accordance with the rules of the Supreme Court.
(6) An appeal instituted after the end of the period referred to in subsection (4)(a) is deemed to be an application for leave to appeal under subsection (1).
(7) The Supreme Court may grant leave under subsection (6) and the appellant may proceed with the appeal if the Supreme Court—
(a) is of the opinion that the failure to institute the appeal within the period referred to in subsection (4)(a) was due to exceptional circumstances; and
(b) is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay.
(8) After hearing and determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for re-hearing to the Court with or without any direction in law.
(9) An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for re-hearing to the Court, may be enforced as an order of the Supreme Court.
(10) The Supreme Court may, as it thinks fit, provide for a stay of the order or may make any interim accommodation order pending the hearing of the appeal that the Children's Court has jurisdiction to make.