17ARestriction on appeals

17A Restriction on appeals S. 17A(1) amended by No. 24/2008 s. 19(1)(a), repealed by No. 62/2014 s. 6(1)(a). S. 17A(2) amended by Nos 24/2008 s. 19(1)(b), 34/2010 s. 13(1). (2) Subject to subsection (2A), an order made by the Trial Division constituted otherwise than by a Judge of the Court— (a) by consent of the parties; or (b) as to costs which are in the discretion of the Trial Division— is not subject to appeal to the Trial Division constituted by a Judge of the Court except by leave of the Trial Division constituted by a Judge of the Court or by leave of the person constituting the Trial Division which made the order. S. 17A(2A) inserted by No. 34/2010 s. 13(2). (2A) Subsection (2) does not apply in respect of an order made by the Trial Division constituted by a judicial registrar. See section 113M. S. 17A(3) amended by Nos 24/2008 s. 19(1)(c), 68/2009 s. 97(Sch. item 116.1). (3) Except as provided in Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009**, an appeal does not lie from a determination of the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge made on or in relation to the trial or proposed trial of a person on indictment. S. 17A(3A) inserted by No. 51/2000 s. 10, amended by Nos 24/2008 s. 19(1)(d), 62/2014 s. 6(1)(b). (3A) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an appeal to the Court— (a) under section 148(1)(b) of the **Victorian Civil and Administrative Tribunal Act 1998**; or S. 17A(3A)(ab) inserted by No. 68/2009 s. 97(Sch. item 116.2(a)). (ab) under section 272 of the **Criminal Procedure Act 2009**; or S. 17A(3A)(b) amended by No. 68/2009 s. 97(Sch. item 116.2(b)). (b) under section 109 of the **Magistrates' Court Act 1989**— is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal. S. 17A(3B) inserted by No. 51/2000 s. 10. (3B) Subsection (3A) applies only to an order made on an appeal instituted after the commencement of section 10 of the **Courts and Tribunals Legislation (Further Amendment) Act 2000**. S. 17A(3C) inserted by No. 68/2013 s. 9(1), amended by No. 62/2014 s. 6(1)(c)(i). (3C) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an application under section 459G of the Corporations Act to set aside a statutory demand is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal. S. 17A (3C)(a)(b) repealed by No. 62/2014 s. 6(1)(c)(ii). S. 17A(4) amended by Nos 68/2009 s. 97(Sch. item 116.3), 80/2012 s. 139(1). (4) Subject to subsection (4A) or (4B), an appeal does not lie to the Court of Appeal— (a) from an order allowing an extension of time for appealing from a judgment; or S. 17A(4)(b) amended by Nos 44/2001 s. 3(Sch. item 107), 24/2008 s. 19(1)(e), substituted by No. 62/2014 s. 6(1)(d). (b) without leave of the Court of Appeal, from a judgment or an order in an interlocutory application, being a judgment or order given by the Trial Division constituted by a Judge of the Court or by an Associate Judge in a criminal proceeding or quasi-criminal proceeding except in the following cases— (i) when the liberty of the subject or the custody of minors is concerned; (ii) a decision dismissing a proceeding for want of prosecution; (iii) any cases prescribed by the Rules. S. 17A(4A) inserted by No. 68/2009 s. 97(Sch. item 116.4). (4A) Subsection (4)(b) does not apply to an interlocutory appeal under Division 4 of Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009**. S. 17A(4B) inserted by No. 80/2012 s. 139(2), amended by No. 37/2024 s. 115. (4B) Subsection (4)(b) does not apply to an application under Part 2, 4 or 5 of the **Criminal Organisations Control Act 2012**. S. 17A(4C) inserted by No. 68/2013 s. 9(2). (4C) Subsection (4)(b) does not apply to an application referred to in subsection (3C). S. 17A(5) repealed by No. 62/2014 s. 6(1)(a). (6) An appeal does not lie to the Court of Appeal from an order giving unconditional leave to defend a proceeding. S. 17A(7) amended by Nos 24/2008 s. 19(1)(f), 68/2009 s. 97(Sch. item 116.5), repealed by No. 62/2014 s. 6(2). S. 17B inserted by No. 109/1994 s. 20.