Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 83.09

Application for leave to appeal under Part 10 of Vexatious Proceedings Act 2014

    (1)     An application for leave to appeal a decision of a Victorian court or tribunal on a question of law under section 79 of the Vexatious Proceedings Act 2014 shall be made by filing an application in Form 83J.

    (2)     The application for leave to appeal shall be made—

        (a)     in the case of a decision of a Victorian court or tribunal other than the Supreme Court constituted by a Judge of the Court, to the Trial Division; and

        (b)     in the case of a decision of the Supreme Court constituted by a Judge of the Court, to the Court of Appeal.

    (3)     The application for leave to appeal shall be made within 28 days of the decision of the Victorian court or tribunal.

    (4)     As soon as practicable after filing the application for leave to appeal, the applicant shall deliver a sealed copy of the application to the registrar or other proper officer of the Victorian court or tribunal.

    (5)     At the time of filing the application for leave to appeal, the applicant shall file an affidavit in support of the application, together with the requisite exhibits.

    (6)     The affidavit shall set out the acts, facts, matters and circumstances relating to—

        (a)     the order of the Victorian court or tribunal; and

        (b)     the grounds in the proposed notice of appeal.

    (7)     There shall be included as exhibits to the affidavit—

        (a)     a copy of the application (if any) in relation to which the order of the Victorian court or tribunal was made, together with a copy of the affidavit (if any) that accompanied that application;

        (b)     a copy of the order from which the appeal is to be brought;

        (c)     a copy of any reasons given for the order; and

        (d)     a copy of the proposed notice of appeal

or their absence as exhibits shall be accounted for in the affidavit.

    (8)     Subject to Part 10 of the Vexatious Proceedings Act 2014 , a Judge of the Court or an Associate Judge may give any directions as to the further conduct of the application for leave to appeal including, if thought fit, a direction that the application and any appeal for which leave may be granted be determined together or at the same time.



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