Category: Civil Procedure

Civil leave to appeal requirement considered

Submission by Helen Tiplady
Kennedy v Shire of Campaspe [2015] VSCA 47
In this recent decision, the Court of Appeal grappled, for the first time, with the test for the grant of leave for an appeal under the new civil appeals regime.

2014 Victorian Civil Appeal Reforms: requirement for leave to appeal, new time limits, and no entitlement to an oral hearing

The Courts Legislation (Miscellaneous Amendments) Act 2014 implemented changes to the Supreme Court Act 1986 (Vic) that include a requirement for leave to appeal for all civil appeals, with limited exceptions, and there is no entitlement to an oral hearing for leave to appeal. The changes commenced on 10 November 2014, and the Supreme Court (General Civil Procedure) Rules 2005 were amended also.

County Court scales up on costs – Order 63A.

Are you a County Court litigator charging scale? If so, congratulations, you just got a pay rise. Commiserations on the other hand if you a County Court litigant already rueful about rejecting a shrewd offer of compromise. Your burden just got heavier. The County Court of Victoria has amended its cost rule, Order 63A. For beneficiaries of scale costs (lawyers and successful litigants especially) this is good news.

Recent Victorian Offer of Compromise reform: costs inclusiveness, claim failure, pre-litigation offers and other changes

The Magistrates’ Court General Civil Procedure (Offers of Compromise Amendments) Rules 2014 bring the rules on offers of compromise in the Magistrates’ Court of Victoria (“MCV”) largely into alignment with the Supreme Court of Victoria (“VSC”) and County Court of Victoria (“CCV”) rules on offers of compromise. This amendment commenced on 1 August 2014. The VSC and CCV rules were amended on 1 September 2013 and 7 October 2013 respectively.