Re Thorpe

[2024] VSCA 172

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Filing
3. › Power to direct Registrar to accept documents for filing
4. › Registrar refused to accept documents as substantially irregular
5. › Whether judge's refusal to accept affidavit for filing is a 'determination' from which appeal lies
6. › Supreme Court Act 1986 (Vic), ss 10, 17
7. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 28A.05, 64.43
1. Appeal
2. › Right of appeal
3. › Scope of right of appeal from Trial Division to Court of Appeal
4. › Meaning of 'determination' in s 17(2) of Supreme Court Act 1986 (Vic)
5. › Whether procedural ruling refusing to accept affidavit constitutes a 'determination'

Quick Take

A trial judge's refusal to accept an affidavit for filing is not a 'determination' from which an appeal lies to the Court of Appeal under s 17(2) of the Supreme Court Act 1986 (Vic).

Case Details

Citation[2024] VSCA 172

CourtVSCA

JurisdictionVictoria

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Cited by8

2026Ross v DraperVSCA 47
2025Thorpe v ProthonotaryVSCA 332
2025Re Thorpe (No 4)VSCA 333
2025Re NguyenVSCA 262
and 4 more after sign-in

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