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
- Court of Appeal FAQs
- Court of Appeal Fees
- Fee Waiver Form
- Requests for Extension of Time to File Documents (Other than Notice of Application for Leave)
Civil Forms and Publications
- Civil Notice of Appeal
- Directions Hearings
- List of Persons Served
- Note of Proposed Content of Appeal Book
- Registrar's Notes on the preparation of Civil Appeal Books
- Self Represented Litigants Information Pack
- Summons 46A (DOC)
Criminal Forms and Publications
- Court of Appeal - Anonymisation Protocol for Non-Interlocutory Criminal Applications and Appeals
- Court of Appeal Sample Written Case
- Form 6-2A - Notice of Application for Leave to Appeal against Conviction
- Form 6-2B - Notice of Application for Leave to Appeal against Sentence
- Form 6-2C Notice of Application under Section 283 of the Criminal Procedure Act 2009
- Form 6-2E Application under Section 304 of the Criminal Procedure Act 2009
- Form 6-2F Notice of Application for Leave to Appeal against Finding of Unfitness to Stand Trial
- Form 6-2G Notice of Application for Leave to Appeal against Mental Impairment Verdict
- Form 6-2H Application for Extension of Time to File-Serve Notice of Appeal or Notice of Application to Appeal
- Form 6-2K Election to have application under Section 315 of the Criminal Procedure Act 2009 determined by Court of Appeal
- Form 6-2N Notice of Abandonment
- Form 6-2O Appellants Application for Examination of Further Witness(es)
- Form 6-2Q Notice to Prisoner Who Wishes to Appeal
- Form 6-2R Information for Persons Upon Whom a Sentence of Imprisonment has been Imposed by the County Court Upon Appeal from the Magistrates' Court in Substitution for other Sentence Imposed by the Magistrates' Court
- Form 6-3A Notice of Application for Leave to Appeal Against Interlocutory Decision
- Form 6-3B Notice of Application for Review of Refusal of Judge to Certify
- Form 6-4B Notice that Legal Practitioner Acts
- Form 6-4C Notice that Legal Practitioner has Ceased to Act
- Outline of new Victorian regime for applications for leave to appeal and appeals to the Court of Appeal
Related Practice Notes
| No. | Citation | Subject |
|---|---|---|
| Practice Note No 8 of 2011 | Practice Note No 8 of 2011 COA - Decisions marked no point of principle | |
| Practice Direction 2 of 2011 | This Practice Direction sets out the practice to be followed in the Court of Appeal in dealing with applications for leave to appeal against conviction or sentence filed on or after the commencement of Supreme Court (Chapter VI Amendment No 6) Rules 2011 (‘the commencement date’). | |
| Practice Statement No 1 of 2010 | Interlocutory Appeals in Criminal Proceedings | |
| Practice Statement No.2 of 2008 | Criminal Appeals | |
| Practice Statement No. 1 of 2008 | Civil Appeals | |
| Practice Statement No.1 of 2006 | This Practice Statement is the first for 2006 and its contents cover the New Approach to Civil Appeals. | |
| Explanatory Note for Practice Statement C.A. 1 of 2006 | This Note gives explanation to Practice Statement No.1 of 2006 and introduces what content it will deal with and when it will be released. | |
| Practice Statement No. 1 of 2004 | (2004) 10 VR 296 | This Supreme Court of Victoria, Court of Appeal Practice Statement is the first from 2004. This Practice Statement lists appeals from orders made under s.93(4)(d) of the Transport Accident Act 1986. |
| Practice Statement No. 1 of 2002 | (2002) 5 VR 127 | This Supreme Court of Victoria, Court of Appeal Practice Statement is the first from 2002. This Practice Statement applies to all applications to the Court of Appeal filed after 1 March 2003. |
| Practice Statement No. 1 of 2000 | (2000) 1 VR 196 | This Supreme Court of Victoria, Court of Appeal Practice Statement is the first from 2002. This Practice Statement applies to all applications for leave to appeal against conviction, appeals against sentence and applications for leave to appeal against sentence. |
| Practice Statement No. 2 of 1997 | [1998] 2 VR 405 | This Supreme Court of Victoria, Court of Appeal Practice Statement is the second from 1997. This Practice Statement applies to all applications for bail pending appeal or retrial made on or after the first day of First Term 1998. |
| Practice Statement No. 2 of 1995 | [1996] 1 VR 251 | This Supreme Court of Victoria, Court of Appeal Practice Statement is the second from 1995. This Practice Statement applies to all civil appeals heard on and after the first day of First Term 1996. |
| Practice Statement No. 1 of 1995 | [1996] 1 VR 249 | This Supreme Court of Victoria, Court of Appeal Practice Statement is the first from 1995. This Practice Statement applies to all civil appeals heard on or after the first day of Fourth Term 1995. |
Web Links and Legislation
- Constitution Act 1975
- County Court of Victoria (External link)
- Family Court of Australia (External link)
- Federation of Community Legal Centres (External link)
- Law Institute Victoria (External link)
- Magistrates' Court of Victoria (External link)
- National Pro Bono Resource Centre (External link)
- Public Interest Law Clearing House (External link)
- Supreme Court Act 1986
- Victoria Legal Aid (External link)
- Victorian Civil and Administrative Tribunal (VCAT) (External link)
- Victorian Legislation and Parliamentary Documents (External link)