Victorian Current Acts Victorian Current Acts(1) The Rules may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar—
(a) whether in respect of—
(i) the hearing and determination of any proceeding (whether criminal or civil); or
(ii) any interlocutory application; and
(b) whether in respect of specified kinds of application or proceeding or generally; and
(c) by specifying whether the procedure is by way of appeal or review or both; and
(d) by specifying the way in which the Court may be constituted for those appeals or reviews.
(2) The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 25.
(3) Unless the Rules otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or reviewed—
(a) on application of a party to the proceeding; or
(b) on the Court's own motion.
(4) If the Rules do not provide for an appeal from or a review of a determination of the Court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted—
(a) by way of hearing de novo by the Court constituted—
(i) in the case of a determination of the Court of Appeal constituted by a judicial registrar, by a Judge of Appeal; and
(ii) in the case of a determination of the Trial Division constituted by a judicial registrar, by a Judge of the Court; and
(b) otherwise in accordance with the Rules, if any.
(5) This section does not apply to a determination of the Costs Court constituted by a judicial registrar under Division 2B of Part 2 which is to be dealt with in accordance with section 17HA and the Rules.
Pt 7 Div. 2B (Heading and ss 113N – 113P) inserted by No. 34/2010 s. 24.
Division 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals
S. 113N inserted by No. 34/2010 s. 24.