Kassionis v The Magistrates' Court of Victoria & Hanley

[2002] VSCA 73

Victorian Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory or final order
4. › Order dismissing judicial review of magistrate's procedural orders
5. › Whether order interlocutory
6. › Whether order finally determines rights of parties
7. › Supreme Court Act 1986 (Vic), s 17A(4)(b)
1. Administrative Law
2. › Judicial review
3. › Certiorari and prohibition
4. › Review of procedural orders of magistrate
5. › Charges pending in summary jurisdiction
6. › Whether refusal of judicial review is interlocutory where underlying proceeding still pending

Quick Take

An order dismissing a judicial review application challenging a magistrate's procedural directions is interlocutory where the underlying criminal charges remain undetermined, requiring leave to appeal under s 17A(4)(b) of the Supreme Court Act 1986 (Vic). The doubt expressed in Brygel v O'Keefe about the interlocutory nature of certiorari refusals was obiter and does not apply where another proceeding remains pending.