Bakhshi v F & J Metal Fabrications (Aust) Pty Ltd

[2025] VSCA 324

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Application for leave to appeal
4. › Transfer of proceedings
5. › Order transferring personal injury proceeding from Supreme Court to County Court on Court's own motion
6. › Whether errors asserted by plaintiff reasonably arguable
7. › Whether application totally without merit
8. › Courts (Case Transfer) Act 1991 (Vic), s 30
9. › Supreme Court Act 1986 (Vic), s 14D
1. Practice and Procedure
2. › Appeal
3. › Application for leave to appeal
4. › Procedural orders in personal injury proceeding
5. › Mode of trial
6. › Requirement to undergo medical assessment
7. › Whether errors asserted by plaintiff reasonably arguable
8. › Whether baseless allegations of bias and misconduct
9. › Whether application totally without merit
1. Practice and Procedure
2. › Transfer of proceedings
3. › Courts (Case Transfer) Act 1991 (Vic)
4. › Transfer on court's own motion
5. › Whether desirable in all the circumstances
6. › Interlocutory discretionary decision
7. › Difficulties in overturning on appeal
1. Practice and Procedure
2. › Mode of trial
3. › Judge alone or jury
4. › Self-represented litigant
5. › Whether fundamental right to jury trial in personal injury cases
6. › Juries Act 2000 (Vic), s 22

Quick Take

Section 22 of the Juries Act 2000 (Vic) does not confer a fundamental right to jury trial in personal injury cases; mode of trial remains a matter of practice and procedure to be determined in accordance with well-recognised principles.