Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 77.07

Appeal to the Court of Appeal

    (1)     For the purposes of sections 10(1)(ab) and 17(3) of the Supreme Court Act 1986

        (a)     an appeal lies to the Court of Appeal (and not to the Trial Division) from the Trial Division constituted by an Associate Judge in respect of a matter referred to an Associate Judge under Rule 77.05;

        (b)     the appeal to the Court of Appeal may extend to any determination of the Trial Division constituted by the Associate Judge in respect of any matter related to the referred matter, even if the matter was within the authority of an Associate Judge apart from the referral; and

        (c)     if the referred matter was of a kind from which an appeal would lie from the determination of a Judge of the Court only by leave of the Court of Appeal, the appeal from the Trial Division constituted by an Associate Judge shall only be by leave of the Court of Appeal.

    (2)     For the purposes of sections 10(1)(ab) and 17(3) of the Supreme Court Act 1986 , an appeal lies to the Court of Appeal from the Trial Division constituted by an Associate Judge from any judgment or order made at the trial of a proceeding

        (a)     under Part 3.2 or Part 3.3 of Chapter 3 of the Relationships Act 2008 ;

        (b)     under section 84 or Part IV of the Property Law Act 1958 ; or

        (c)     for the recovery of land under Order 53.

    (3)     Order 64 applies to an appeal referred to in paragraph (1) or paragraph (2) with any necessary modification.

Note

Special provision is made in Rule 16.5(3) of Chapter V in relation to Corporations matters.



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