Court of Appeal Registry

Location

The Court of Appeal Registry is located on Level 2, 436 Lonsdale Street, Melbourne. The Registry is responsible for the processing of all criminal and civil appeals and applications for leave to appeal to the Court of Appeal.

The Court of Appeal is situated at 459 Lonsdale Street, Melbourne.

The Green Court is located on the Ground Floor.
The Red Court is located on Level 1
The Blue Court is located on Level 2

Hours

The Registry is open to the public from 9.30am to 4.00pm, excluding public holidays and the Tuesday following Easter Monday.

Filing an Appeal

Practitioners seeking to file an appeal should have regard to the Court of Appeal Practice Statements and Practice Direction, the time limits for appeal, the Supreme Court (General Civil Procedure) Rules 2005 and/or the Supreme Court (Criminal Procedure) Rules 2008.

All applications and notices should be prepared and filed in the prescribed form. For a list of available template forms please refer to Court of Appeal Forms below.

The Registrar of the Court of Appeal has adopted the practice of accepting for filing documents in electronic format where they comply with the relevant Rules of the Court and Practice Statements and Practice Direction. The party filing a document electronically must retain the original documents for production is required by the Registrar or Court.

Criminal Appeals

Prior to 1 January 2010

Applications for leave to appeal against conviction and/or sentence where the sentence was imposed prior to 1 January 2010 are governed by the relevant provisions of the Crimes Act 1958, as were in operation prior to 1 January 2010 as well as the Supreme Court (Criminal Procedure) Rules, as were in operation prior to 1 January 2010.

An application for leave to appeal against conviction and/or sentence brought under the Crimes Act 1958 must be filed within 14 days from the date of sentence.

On or after 1 January 2010

Applications for leave to appeal against conviction and/or sentence where the sentence was imposed on or after 1 January 2010 are governed by the relevant provisions of the Criminal Procedure Act 2009.

An application for leave to appeal against conviction and/or sentence brought under the Criminal Procedure Act 2009 must be filed within 28 days from the date of sentence.

An application for leave to appeal against conviction and/or sentence is commenced by filing a Notice of Application for Leave to Appeal against Conviction (Form 6-2A) and/or a Notice of Application for Leave to Appeal against Sentence (Form 6-2B).

On or after 28 February 2011

Applications filed on or after 28 February 2011 must comply with Practice Direction 2 of 2011.

An application must be accompanied by a Written Case, a sample of such is found below. This is, however, only indicative and every matter must be tailored to the particular circumstances.

To request audio recording of transcript to prepare the grounds of appeal and accompanying written case, please use the order form available from Victorian Government Reporting Services.

Interlocutory Appeals (Criminal)

The Criminal Procedure Act 2009, which commenced operation on 1 January 2010, introduced a number of fundamental changes to procedures in the Court of Appeal. These changes included the introduction of interlocutory appeals within the criminal jurisdiction.

For an outline of the procedures to be following in relation to all interlocutory appeals please refer to Practice Statement No.1 of 2010 - Interlocutory Appeals in Criminal Proceedings.

An interlocutory appeal must be commenced within the time frames outlined at Division 4 of Part 6.3 of the Criminal Procedure Act 2009.

Extensions of Time for Filing (Criminal)

Extensions of the 28 days post sentence period to file an Application for Leave to Appeal

Applications for extension of the 28 day period in which to file an Application for Leave to Appeal must be made in accordance with section 5 of Practice Direction No 2 of 2011. This involves filing an Application for Extension of Time to File (Form 6-2H), affidavit in support, the Notice of Appeal and Written Case. Such extensions will not be made prospectively. Applications for extension of time to file other documentation are dealt with in the next section immediately below.


Extensions of Time for Filing Documents Other than Application for Leave to Appeal

Applications for extension of time in which to file documents after an appeal has been initiated are dealt with in accord with the attached protocol [Requests for Extension of Time to File Documents (Other than Notice of Application for Leave)]. These applications may be made via email. Applications for an extension of the 28 day period in which to initiate an Application for Leave to Appeal are dealt with in the section immediately above.

Civil Appeals

Appeal can be made to the Court of Appeal from Judges sitting in the Supreme Court, County Court, and VCAT.

The right to appeal is not automatic. In some instances Leave to Appeal is required before service of a Notice of Appeal.

 Leave to appeal is generally required to appeal a decision of a Judge from

•          an interlocutory application

•          a decision of the President or Vice President of VCAT

•          a decision in a matter appealed to the Supreme Court trial division from a   member at VCAT

•          a decision in a matter appealed to the Supreme Court trial division from a Magistrate’s decision

 A Leave to appeal application must be filed within

  • 14 Days after decision or Judgment from a Supreme or County Court Judge
  • 28 Days from the President or Vice President of VCAT

An extension of time must be sought if the 

  • Notice of Appeal is not served within time or 
  • Application for Leave to appeal is not filed within time.

Application for leave to appeal or for an extension of time is made by summons and usually heard before two Judges.

Some Relevant Civil Acts And Rules

CIVIL
Supreme Court (General Civil Procedure) Rules 2005 
Order 64 - Appeal to the Court of Appeal
Order 65 - Application to Court of Appeal
Order 20 - Change of Solicitor

Supreme Court Act 1986
Section 17A - Restriction on Appeals

Supreme Court (Miscellaneous Civil Procedings) Rules2008
Order 4 – Appeals from Tribunals

County Court Act 1958
Section 74 - Appeal to Court of Appeal

Accident Compensation Act 1985
Section 51 - Appeals to the Supreme Court
Section 52 - Appeals to the Court of Appeal

Victorian Civil and Administrative Tribunal Act 1998
Section 148 – Appeal from Tribunal

This list is not exhaustive and is meant only as a guide. You should check the legislation of the jurisdiction from which you intend to appeal and refer to the relevant Practice statements

Acts and Rules

Supreme Court (General Civil Procedure) Rules 2005
Supreme Court Act 1986
Supreme Court (Miscellaneous Civil Proceedings) Rules 2008
Accident Compensation Act 1985
Supreme Court (Criminal Procedure) Rules 2008
Crimes Act 1958
Magistrates Court Act 1989
Sentencing Act 1991

Related Pages

Civil Forms and Publications

Criminal Forms and Publications

Related Practice Notes

Web Links and Legislation