If you believe that a decision made by a Judicial Registrar of the Court is incorrect or involves an error, you have the right to appeal that decision.
What is not covered by this guide
This guide does not cover appeals from any order made by any Judicial Registrar:
- In the Costs Court; or
- Acting as the Registrar of the Court of Appeal or the Registrar of Criminal Appeals; or
- Acting as the “proper officer” of the Court for the purposes of the Judgment Debt Recovery Act 1984 (Vic); or
- In Funds in Court.
For procedural information about appeals in these four situations, self-represented litigants should contact the Self-Represented Litigant Coordinator at haercerfragrq@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@detneserpernu or (03) 8600 2031. Other court users should contact the relevant List registry.
Before you appeal
Before you appeal any decision of a court, you need to consider:
- The merits of the appeal; and
- The potential for you to be ordered to pay another party’s legal costs (often costs orders may be made requiring that the unsuccessful party pay the successful party’s legal costs, however the Court has a broad discretion in relation to costs orders and other orders might be made depending on the outcome of the appeal and how the appeal is conducted by the parties).
- You should only commence an appeal that has a real prospect of success. Self-represented litigants are encouraged to seek legal advice.
Self-represented litigants, please see the free legal advice options available to you: Free and low-cost legal help
Initiating an appeal
To appeal a decision of a Judicial Registrar, please read Rules 84.05-84.12 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) and (in the case of particular decisions made by Judicial Registrars sitting in the Criminal Division) Rules 3A.17 and 4.19 of the Supreme Court (Criminal Procedure) Rules 2017.
You will note from the Rules that:
- You have 14 days from the date of an order to file a ‘Notice of Appeal’ concerning that order;
- The requirements concerning the content of the ‘Notice of Appeal” are set out in Rule 84.07;
- The ‘Notice of Appeal’ may need to be served on all parties affected by the appeal within five days of filing; and
- An appeal does not operate as a stay unless the Court specifically makes orders to this effect. Appeals must be filed through the Supreme Court’s electronic filing system, RedCrest.
There are fees to file a ‘Notice of Appeal’. Learn more about Supreme Court fees.
If you are appealing a decision made by judicial registrars in the Criminal Division there are no fees.
For more information and resources for unrepresented litigants head to, Representing Yourself, or contact the Self-Represented Litigant Coordinator at haercerfragrq@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@detneserpernu or call (03) 8600 2031.