Parties to interlocutory appeals under s 295 of the Criminal Procedure Act 2009 (Vic) are limited to parties to the prosecution of the indictable offence. A third party who was a party to the interlocutory decision below (such as the recipient of a subpoena) is not a proper respondent to the appeal but may be granted leave to intervene where their rights and interests may be directly affected by the outcome.
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