When is the deadline for magistrates' court: institute an appeal on a question of law from a final order in a civil proceeding?
The catalogue records a 30 days period from The day on which the final order complained of was made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- The day on which the final order complained of was made
- Counting
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- Rollovers and holidays
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- An appeal instituted after the end of the 30 day period is deemed to be an application for leave to appeal (s 109(4)). The Supreme Court may grant leave under s 109(5) only if it is of the opinion that the failure to institute the appeal in time was due to exceptional circumstances and is satisfied that no other party would be materially prejudiced by the delay. Do not compute the leave outcome.
- Statutory period, so the Interpretation of Legislation Act 1984 (Vic) s 44 governs: the day the order was made is excluded (s 44(1)) and, if the last day falls on a Saturday, Sunday or a day appointed as a public holiday in the place where the act is to be done, the time extends to the next day that is not a holiday (s 44(3)-(4)). The appeal lies to the Court of Appeal where the Court was constituted by the Chief Magistrate who is a dual commission holder, and otherwise to the Supreme Court (s 109(1)). Corrected on verification: the discretion field did not record the statutory preconditions in s 109(5); leave requires exceptional circumstances and an absence of material prejudice, so this is not a general extension power.