Miller v Martin

[2021] VSCA 13

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory orders
5. › Orders reserving proceeding for Court of Appeal
6. › Whether proposed grounds reasonably arguable
7. › Whether substantial injustice if orders stand
8. › Supreme Court Act 1986 (Vic), s 17B
1. Practice and Procedure
2. › Case management
3. › Consolidation and hearing together of related proceedings
4. › Closely interrelated appeals
5. › Whether just, efficient, timely and cost-effective resolution requires hearing together
1. Practice and Procedure
2. › Appeals from VCAT
3. › Whether appellant has absolute right to have appeal first heard in Trial Division before proceeding to Court of Appeal
4. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
5. › Supreme Court Act 1986 (Vic), s 17B(2)

Quick Take

An appellant from a decision of VCAT does not have an absolute right to have the appeal first heard and determined by the Trial Division before it proceeds to the Court of Appeal; s 17B(2) of the Supreme Court Act 1986 (Vic) permits a proceeding properly in the Trial Division to be directed to be heard in the Court of Appeal. Administrative emails from court registrars forwarding documents do not constitute judicial decisions or remittals under s 17B(3)(b).

Case Details

Citation[2021] VSCA 13

CourtVSCA

JurisdictionVictoria

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The full text is available to signed-in members, including the 3 later cases that cite this judgment.

Cited by3

2021Miller v MartinVSCA 108
and 2 more after sign-in

Relies on3

2020Miller v MartinVSCA 4
2018Miller v Martin & OrsVSC 444
and 1 more after sign-in

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