Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An appeal under section 17I of the Act shall be an appeal by way of rehearing, not an appeal de novo, and the determination of the Costs Court constituted by a Costs Judge may only be challenged for error.
(2) Subject to Rule 63.101 and paragraphs (1) and (3), on the appeal, the Trial Division constituted by a Judge of the Court may—
(a) receive further evidence on questions of fact, whether by oral examination in court, by affidavit or by deposition taken before an examiner; and
(b) draw inferences of fact.
(3) To the extent that the appeal relates to a determination of a kind referred to in Rule 63.99(2)(a), (b) or (c), or relates only to the costs of a proceeding or matter which was heard and determined by the Costs Court constituted by a Costs Judge, the same restrictions and principles apply to the appeal as would apply to the review of, or an appeal from, a like discretionary determination made by any taxing officer.
Rule 63.103 inserted by S.R. No. 131/2018 rule 6.