Bowman v TAC

[2021] VSCA 196

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Filing of documents
3. › Registrar's power to refuse filing
4. › Judge's direction to Registrar
5. › Whether direction is judicial or administrative in nature
6. › Whether appealable as 'judgment or order'
7. › County Court Civil Procedure Rules 2018 (Vic), r 27.06
8. › County Court Act 1958 (Vic), s 74(1)
1. Practice and Procedure
2. › Court of Appeal
3. › Registrar refusing to accept documents for filing
4. › Application to direct Registrar to accept documents
5. › Whether direction should be given where proposed appeal incompetent
6. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.43(5)
1. Appeal
2. › Jurisdiction
3. › Appeals from County Court to Court of Appeal
4. › Whether decision sought to be appealed is a 'judgment or order'
5. › Distinction between judicial and administrative acts of a judge
6. › County Court Act 1958 (Vic), s 74(1)
7. › Supreme Court Act 1986 (Vic), s 10(1)(c)

Quick Take

A County Court judge's direction to the Registrar under r 27.06 of the County Court Civil Procedure Rules 2018 not to accept a document for filing is administrative in character and is not a 'judgment or order' appealable to the Court of Appeal under s 74(1) of the County Court Act 1958. It would be futile for the Court of Appeal to direct its own Registrar to accept documents for filing where the proposed appeal would be incompetent.

Case Details

Citation[2021] VSCA 196

CourtVSCA

JurisdictionVictoria

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Cited by3

2026Ross v DraperVSCA 47
2021DPP v LindreaVCC 1516
and 1 more after sign-in

Relies on3

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