House v The King principles govern interlocutory appeals in Victoria against evidentiary rulings under s 101(2) of the Evidence Act 2008 (Vic), even though s 101(2) is not couched in the language of discretion. The case for appellate restraint at the interlocutory stage is even stronger in Victoria than in New South Wales. A trial judge who refuses certification under s 295(3) of the Criminal Procedure Act 2009 ought to give reasons, even if only briefly.
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