McIntyre v Vic

[2026] VSCA 213

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

1. Practice and Procedure
1. Extension of time to seek leave to appeal
1. Leave to appeal against costs order
1. Claim settled for less than half jurisdictional limit applicable to Magistrates’ Court

Section 100(2)(a) of the Magistrates' Court Act 1989 is engaged when either party — not only the plaintiff — seeks to have the court determine or declare the effect, validity or invalidity of an act done or purportedly done under statute; the provision is not confined to matters raised by the plaintiff's cause of action as pleaded.
Where a defence raises matters that engage s 100(2)(a) of the Magistrates' Court Act, the Magistrates' Court nonetheless retains jurisdiction under s 32(1) of the Supreme Court Act 1986 to determine all issues in the proceeding unless a transfer order is made under the Courts (Case Transfer) Act 1991.
Where there has been substantial delay in filing an application for leave to appeal and that delay has not been satisfactorily explained and justified, an extension of time will ordinarily be granted only if the merits are sufficiently strong or exceptional that refusal would be contrary to justice; the fact that a proposed appeal is arguable does not of itself warrant an extension.