Victorian Current Acts Victorian Current ActsS. 148(1) substituted by No. 62/2014 s. 23(1).
(1) A party to a proceeding may appeal on a question of law from an order of the Tribunal in the proceeding—
(a) if the Tribunal was constituted for the purpose of making the order by the President or a Vice President, whether with or without others, to the Court of Appeal with leave of the Court of Appeal; or
Note to s. 148(1)(a) inserted by No. 38/2017 s. 31(1).
Note
See sections 14A to 14D of the Supreme Court Act 1986 .
(b) in any other case, to the Trial Division of the Supreme Court with leave of the Trial Division.
S. 148(2) amended by No. 38/2017 s. 31(2)(a).
(2) An application for leave to appeal to the Trial Division of the Supreme Court must be made—
S. 148(2)(a) substituted by No. 38/2017 s. 31(2)(b).
(a) within 28 days after the day of the order of the Tribunal, unless the rules of the Supreme Court otherwise provide; and
(b) in accordance with the rules of the Supreme Court.
S. 148(2A) inserted by No. 38/2017 s. 31(3).
(2A) The Trial Division of the Supreme Court may grant an application for leave to appeal under this section only if it is satisfied that the appeal has a real prospect of success.
S. 148(3) amended by No. 62/2014 s. 23(2).
(3) If leave to appeal to the Trial Division of the Supreme Court is granted, the appeal must be instituted—
(a) no later than 14 days after the day on which leave is granted; and
(b) in accordance with the rules of the Supreme Court.
(4) If the Tribunal gives oral reasons for making an order and a party then requests it to give written reasons under section 117, the day on which the written reasons are given to the party is deemed to be the day of the order for the purposes of subsection (2).
S. 148(5) amended by No. 38/2017 s. 31(4).
(5) The Trial Division of the Supreme Court may at any time extend or abridge any time limit fixed by or under this section.
(6) A party that institutes an appeal must notify the principal registrar.
(7) The Court of Appeal or the Trial Division, as the case requires, may make any of the following orders on an appeal—
(a) an order affirming, varying or setting aside the order of the Tribunal;
(b) an order that the Tribunal could have made in the proceeding;
(c) an order remitting the proceeding to be heard and decided again, either with or without the hearing of further evidence, by the Tribunal in accordance with the directions of the court;
(d) any other order the court thinks appropriate.
(8) If the court makes an order under subsection (7)(c), it must give directions as to whether or not the Tribunal is to be constituted for the rehearing by the same members who made the original order.
(9) A party to a proceeding under a credit enactment that involves a claim not exceeding $3000 cannot apply for leave to appeal under this section unless that party agrees to indemnify the reasonable legal costs of the other parties in the proceeding.
(10) For the purposes of subsection (9)—
S. 148(10) def. of
credit enactment amended by Nos 74/2010 s. 37(Sch.
item 5.1), 11/2010 s. 59(2).
"credit enactment" means—
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(b) Credit Act 1984 ;
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(d) section 45 of the Motor Car Traders Act 1986 .