Under the new Victorian civil appeals regime, leave to appeal may only be granted where the appeal has a 'real' as opposed to 'fanciful' chance of success, construed consistently with the summary judgment test under s 63 of the Civil Procedure Act 2010 (Vic). The Court retains a residual discretion to refuse leave even where the threshold is met, for example where no substantial injustice would result if the decision stands. Unlike the UK regime, there is no alternative 'compelling reason' basis for granting leave, and unlike the High Court special leave criteria, public importance is not a relevant consideration.
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