Walles v Knoester

[2025] VSCA 188

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Extension of time
3. › Application for leave to appeal
4. › Application filed more than three years out of time
5. › Whether extension should be granted
6. › Relevant considerations including length of delay, explanation for delay, prejudice, and prospects of success
7. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 56.02, 64.08
1. Practice and Procedure
2. › Leave to appeal
3. › Proposed appeal totally without merit
4. › Whether appeal has real prospect of success
5. › Supreme Court Act 1986 (Vic), s 14C
1. Practice and Procedure
2. › Competency of appeal
3. › Personal safety intervention orders
4. › Statutory ouster of further appeal
5. › Whether s 97(1) of PSIO Act ousts jurisdiction
6. › Whether supervisory jurisdiction preserved by s 97(2)
7. › Personal Safety Intervention Orders Act 2010 (Vic), ss 97(1), 97(2)
1. Practice and Procedure
2. › Personal safety intervention orders
3. › Appeals
4. › Time limit for filing notice of appeal
5. › Whether County Court has discretion to extend 30-day time limit
6. › No power to extend time under PSIO Act
7. › Personal Safety Intervention Orders Act 2010 (Vic), ss 91, 93(2)(c), 99

Quick Take

There is no power to extend the 30-day time limit for filing a notice of appeal under ss 91-96 of the Personal Safety Intervention Orders Act 2010 (Vic), and s 99 of that Act relates only to rehearings in the Magistrates' Court, not appeals to the County Court.