Judicial Review and Appeals List

Proceedings which should be initiated in the Judicial Review and Appeals List include:

• Judicial review applications;

• Appeals from a final order of the Magistrates’ Court on a question of law pursuant to section 109 of the Magistrates’ Court Act 1989 or section 272 of the Criminal Procedure Act 2009;

• Appeals from an order of VCAT on a question of law pursuant to section 148 of the Victorian Civil and Administrative Tribunal Act 1998;

• Appeals from a final order of the Children’s Court on a question of law pursuant to section 329 of the Children, Youth and Families Act 2005;

• Appeals from certain determinations of the Coroners Court of Victoria pursuant to Part 7 of the Coroners Act 2008 - Appeals to Supreme Court sections 78 – 88;

• Appeals from the County Court constituted by an Associate Judge pursuant to section 75 of the County Court Act 1958;

• Appeals from an interim accommodation order of the Children’s Court pursuant to section 271 of, or appeals from a final order of the Children’s Court pursuant to clauses 13 or 18 of Schedule 1 to, the Children, Youth and Families Act 2005;

• Referrals for the determination of a question of law under section 33 of the Charter of Human Rights and Responsibilities Act 2006.

The Judicial Review and Appeals List does not include proceedings which fall within another specialist case management list of the Court. In particular:

• appeals from the Planning and Environment List of VCAT are managed in the Valuation, Compensation and Planning List (see Practice Note SC CL 8);

• certain appeals and applications in the nature of judicial review from the Magistrates’ Court, VCAT and other tribunals in relation to employment are managed in the Employment and Industrial List (see Practice Note SC CL 11);

• appeals from VCAT in taxation matters are managed in the Taxation List of the Commercial Court (see Practice Note SC CC 1);

• appeals from commercial arbitrators under the Commercial Arbitration Act 2011 or corresponding legislation are managed in the Arbitration List of the Commercial Court (see Practice Note SC CC 3);

• appeals from and applications for judicial review in relation to decisions of VCAT concerning commercial and retail lease disputes. Such proceedings are managed in the Commercial and Retail Leases List (cross-divisional list) (see Notice to Profession – Establishment of Commercial and Retail Leases List (25 March 2022)); and

• applications in the nature of judicial review from adjudication determinations made under the Building and Construction Industry Security of Payment Act 2002 are managed in the Technology, Engineering and Construction List of the Commercial Court (see Practice Note SC CC 2).

Judges in charge

The Honourable Justice Richards
The Honourable Justice Gray

Judicial registrar

Judicial Registrar Lorenz