Harkness v Roberts

[2024] VSCA 45

Victorian Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Jurisdiction
3. › Power of Supreme Court to confer jurisdiction on inferior court
4. › Whether Supreme Court has power to make declaration conferring jurisdiction on County Court
5. › Whether declaratory power extends to amending legislation or conferring new jurisdiction
6. › Supreme Court Act 1986 (Vic), ss 14C, 14D
1. Practice and Procedure
2. › Application for leave to appeal
3. › No prospects of success
4. › Application totally without merit
5. › Supreme Court Act 1986 (Vic), ss 14C, 14D(3)
1. Criminal Law
2. › Appeal and new trial
3. › Election between appeal rights
4. › Appeal on question of law to Supreme Court
5. › Abandonment of right to appeal to County Court
6. › Criminal Procedure Act 2009 (Vic), ss 254, 272, 273

Quick Take

This case confirms the unremarkable proposition that the Supreme Court cannot confer jurisdiction on an inferior court by declaration, and that s 273 of the Criminal Procedure Act 2009 (Vic) operates to require election between appeal rights.

Case Details

Citation[2024] VSCA 45

CourtVSCA

JurisdictionVictoria

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Relies on4

2018Roberts v HarknessVSCA 215
2017Harkness v Roberts; Kyriazis v County Court of Victoria (No 2)VSC 646
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