Victorian Consolidated Regulations

COUNTY COURT CIVIL PROCEDURE RULES 2018 - REG 58.01

Except where otherwise provided by any Act or by Rules—

        (a)     an appeal from an inferior court of civil jurisdiction or from a tribunal from whose orders, decisions or determinations a right of appeal to the Court is conferred by any Act, shall be heard by a Judge;

        (b)     the appeal shall be brought by summons and the summons shall state the grounds of the appeal, and whether all or part only of the judgment, order, decision or determination is complained of;

        (c)     the summons shall be served on all parties directly affected by the appeal and on the Registrar or other proper officer of the court or tribunal from which the appeal is brought;

        (d)     the summons shall be served within 21 days from the day the judgment, order, decision, or determination complained of was given or made;

        (e)     the summons shall be served not less than 10 days before the day for hearing named in the summons, unless a Judge otherwise orders;

        (f)     the appeal shall not operate as a stay of proceedings unless a Judge or the inferior court or tribunal so orders;

        (g)     the Court may give leave to amend the grounds of appeal or make any other order to ensure the proper determination of the appeal.