Before you appeal any decision of a court, you need to consider the merits of the appeal and the potential for you to be ordered to pay another party’s legal costs. You should only commence an appeal that has a real prospect of success. You are encouraged to seek legal advice. Please see our Free legal advice options.
In limited situations, certain determinations of the Coroners Court of Victoria can be appealed to the Supreme Court of Victoria.
The time limits for you to appeal vary depending on the type of determination made at the Coroners Court. In some cases you may need to take urgent action, potentially within 48 hours of the determination.
Please consult the Coroners Act 2008 for the time limits that apply if you wish to appeal a determination of the Coroners Court. See Coroners Act 2008 Part 7 Appeal to the Supreme Court Sections 78-88.
Please read Rules 58.33-58.41 of the Supreme Court (General Civil Procedure) Rules 2015 which set out the procedure for appealing Coroners Court determinations.
You will note from the Rules that to commence an appeal, you will need to file the following:
- A Notice of Appeal. The required content of the Notice of Appeal is set out at rule 58.35
- An affidavit in support of your appeal. The required content of the affidavit and the time by which it is to be filed are set out at rule 58.37.
See the Notice of Appeal template.
For certain types of appeal from the Coroners Court, you are also required within seven days after filing the notice of appeal to ask the Court to make directions for the conduct of the appeal. You do that by filing a summons. The procedure for filing a summons for a directions hearing and for any application for leave to appeal out of time is set out at rule 58.39.
Appeals must be filed through the Supreme Court electronic filing system Redcrest.
There are fees payable.
Please see Representing yourself for further information and resources, including videos, for unrepresented litigants or contact the Self Represented Litigant Coordinator at haercerfragrq@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@detneserpernu .