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Melbourne Appellate & Judicial Review Lawyer
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Years Criminal Defence Experience
Appeals and judicial reviews in Victoria have strict deadlines, technical requirements and real risks. An appeal may overturn a conviction, reduce a sentence or lead to a retrial. Judicial review may quash a decision, remit it for rehearing or restrain unlawful action. If unsuccessful, the original result may stand, and some sentence appeals risk a harsher sentence.
Appeals to the County Court on conviction or sentence must be filed within 28 days. They proceed by hearing de novo and require close review of the evidence, transcript and sentence.
Appeals from the County Court to the Supreme Court require leave and must identify the sentencing or conviction error, which could be legal errors, unreasonable verdicts or a substantial miscarriage of justice.
Court of Appeal conviction appeals require leave and must identify an arguable ground, such as legal error, unreasonable verdict or substantial miscarriage of justice.
Lauren acts in s 272 appeals which allow a client to appeal a final order directly to the Supreme Court from the Magistrates' Court. A notice of appeal must be filed within 28 days of the original Magistrates' Court order; if filed later, leave must be sought from the Supreme Court.
In Victoria, the Director of Public Prosecutions can appeal a decision that the magistrate has made. All Director's appeals are heard in the Court of Appeal (Supreme Court). Lauren acts in Director's appeal matters.
Lauren acts in out-of-time appeals. If your appeal is out of time, you must first apply for an extension of time. In Victoria, an applicant bringing an out-of-time appeal must persuade the court that there is a satisfactory explanation for the delay and that it is in the interests of justice to grant an extension of time.
Maximum penalties under Victorian law. Lauren Tye regularly achieves outcomes well below these maximums through careful preparation and strategic advocacy. Contact Lauren for advice specific to your charge.
| Matter | Forum | Time Limit | Process | Outcomes |
|---|---|---|---|---|
| Criminal Appeals (Victoria) | ||||
| Magistrates' Court → County Court — conviction and/or sentence appeal | County Court of Victoria | 28 days after the Magistrates' Court sentence is imposed | Notice of appeal filed with the Magistrates' Court registry. Appeal under Ch 6, Pt 6.1 of the Criminal Procedure Act 2009 (Vic), generally by way of rehearing. | Conviction and/or sentence may be set aside, varied or confirmed. A more severe sentence is possible, but the appellant must be warned if that is in prospect. |
| DPP appeal against Magistrates' Court sentence | County Court of Victoria | 28 days after sentence | DPP appeal against sentence under s 257 of the Criminal Procedure Act 2009 (Vic), if satisfied that the appeal should be brought in the public interest. | Sentence may be varied, increased or the appeal may be dismissed. |
| County Court / Supreme Court → Court of Appeal — conviction appeal | Court of Appeal, Supreme Court of Victoria | 28 days from sentence, with leave required | Application for leave to appeal against conviction. Grounds include unreasonable verdict, error or irregularity causing a substantial miscarriage of justice, or other substantial miscarriage of justice. | Conviction may be set aside. The Court may order a new trial, enter an acquittal, substitute another conviction in an appropriate case, or dismiss the appeal. |
| County Court / Supreme Court → Court of Appeal — sentence appeal by offender | Court of Appeal, Supreme Court of Victoria | 28 days from sentence, with leave required | Application for leave to appeal sentence. The appellant must show sentencing error and that a different sentence should be imposed. Manifest excess is one common form of sentencing error. | Sentence may be replaced, including with a more or less severe sentence, or the matter may be remitted. If a more severe sentence is in prospect, the appellant must be warned. |
| DPP / Crown appeal against sentence imposed in County Court or Supreme Court | Court of Appeal, Supreme Court of Victoria | 28 days from sentence; leave is generally not required | DPP appeal under s 287 of the Criminal Procedure Act 2009 (Vic), where the DPP considers there is sentencing error, a different sentence should be imposed, and the appeal is in the public interest. | Sentence may be increased or the appeal may be dismissed. |
| Extension of time / appeal out of time | County Court, Supreme Court Trial Division or Court of Appeal, depending on the appeal | After the ordinary appeal period has expired | Application for extension of time or leave to appeal out of time, usually supported by evidence explaining the delay. For some Court of Appeal criminal leave applications, a temporary notice applies from 1 October 2025 to 31 March 2027 allowing certain extensions of no more than 28 days without the usual supporting affidavit. | Extension granted or refused. If granted, the appeal proceeds. |
| Correction of clerical, slip-type or accidental sentencing error | Sentencing court, or Court of Appeal where applicable | No ordinary appeal deadline; s 104A may be exercised at any time | Application, or court's own initiative, to correct clerical mistakes, accidental slips or omissions, material miscalculations, defects of form, or matters the court would undoubtedly have dealt with. | Judgment, sentence or order may be amended. |
| Reopening to correct unlawful or omitted penalty | Sentencing court that imposed, or failed to impose, the penalty | No fixed ordinary appeal deadline; the court must consider the time that has elapsed | Application to reopen where a penalty was imposed contrary to law or a required penalty was omitted. | Court may impose a lawful penalty and, if necessary, amend the conviction or order. |
County Court of Victoria
28 days after the Magistrates' Court sentence is imposed
Notice of appeal filed with the Magistrates' Court registry. Appeal under Ch 6, Pt 6.1 of the Criminal Procedure Act 2009 (Vic), generally by way of rehearing.
Conviction and/or sentence may be set aside, varied or confirmed. A more severe sentence is possible, but the appellant must be warned if that is in prospect.
County Court of Victoria
28 days after sentence
DPP appeal against sentence under s 257 of the Criminal Procedure Act 2009 (Vic), if satisfied that the appeal should be brought in the public interest.
Sentence may be varied, increased or the appeal may be dismissed.
Court of Appeal, Supreme Court of Victoria
28 days from sentence, with leave required
Application for leave to appeal against conviction. Grounds include unreasonable verdict, error or irregularity causing a substantial miscarriage of justice, or other substantial miscarriage of justice.
Conviction may be set aside. The Court may order a new trial, enter an acquittal, substitute another conviction in an appropriate case, or dismiss the appeal.
Court of Appeal, Supreme Court of Victoria
28 days from sentence, with leave required
Application for leave to appeal sentence. The appellant must show sentencing error and that a different sentence should be imposed. Manifest excess is one common form of sentencing error.
Sentence may be replaced, including with a more or less severe sentence, or the matter may be remitted. If a more severe sentence is in prospect, the appellant must be warned.
Court of Appeal, Supreme Court of Victoria
28 days from sentence; leave is generally not required
DPP appeal under s 287 of the Criminal Procedure Act 2009 (Vic), where the DPP considers there is sentencing error, a different sentence should be imposed, and the appeal is in the public interest.
Sentence may be increased or the appeal may be dismissed.
County Court, Supreme Court Trial Division or Court of Appeal, depending on the appeal
After the ordinary appeal period has expired
Application for extension of time or leave to appeal out of time, usually supported by evidence explaining the delay. For some Court of Appeal criminal leave applications, a temporary notice applies from 1 October 2025 to 31 March 2027 allowing certain extensions of no more than 28 days without the usual supporting affidavit.
Extension granted or refused. If granted, the appeal proceeds.
Sentencing court, or Court of Appeal where applicable
No ordinary appeal deadline; s 104A may be exercised at any time
Application, or court's own initiative, to correct clerical mistakes, accidental slips or omissions, material miscalculations, defects of form, or matters the court would undoubtedly have dealt with.
Judgment, sentence or order may be amended.
Sentencing court that imposed, or failed to impose, the penalty
No fixed ordinary appeal deadline; the court must consider the time that has elapsed
Application to reopen where a penalty was imposed contrary to law or a required penalty was omitted.
Court may impose a lawful penalty and, if necessary, amend the conviction or order.
| Matter | Forum | Time Limit | Process | Outcomes |
|---|---|---|---|---|
| Judicial Review (Supreme Court of Victoria) | ||||
| Magistrates' Court criminal decision — appeal on a question of law | Supreme Court of Victoria, Trial Division; Court of Appeal if the decision was made by the Chief Magistrate | 28 days from the decision | Notice of appeal under s 272 of the Criminal Procedure Act 2009 (Vic). This is not a rehearing on the facts; it is limited to a question of law. A Supreme Court question-of-law appeal gives up the right to appeal to the County Court in that proceeding. | Decision may be remitted to the Magistrates' Court for rehearing or the Court may make any other appropriate order. Appeal may be dismissed. |
| Magistrates' Court civil decision — appeal on a question of law | Supreme Court of Victoria, Trial Division; Court of Appeal if the decision was made by the Chief Magistrate | 30 days from the decision | Notice of appeal on a question of law. This is not a new trial or rehearing. | Appeal may be allowed, remitted or dismissed, depending on the legal error and available statutory powers. |
| Judicial review — Order 56 / prerogative relief | Supreme Court of Victoria, Trial Division / Common Law Division | 60 days from the decision; extension required after 60 days | Originating motion for judicial review and affidavit under Order 56 of the Supreme Court (General Civil Procedure) Rules 2025. Judicial review examines legality, not whether the decision was factually correct. | Decision may be quashed, remitted, reheard or reconsidered according to law; application may be dismissed. |
| Case stated / reserved question of law | Usually Court of Appeal, depending on the statute and stage of proceeding | As provided by the relevant statute, rules or court direction | A lower court reserves or states a discrete question of law for determination by a higher court. | Higher court answers the question; the proceeding below is then determined consistently with that answer. |
Supreme Court of Victoria, Trial Division; Court of Appeal if the decision was made by the Chief Magistrate
28 days from the decision
Notice of appeal under s 272 of the Criminal Procedure Act 2009 (Vic). This is not a rehearing on the facts; it is limited to a question of law. A Supreme Court question-of-law appeal gives up the right to appeal to the County Court in that proceeding.
Decision may be remitted to the Magistrates' Court for rehearing or the Court may make any other appropriate order. Appeal may be dismissed.
Supreme Court of Victoria, Trial Division; Court of Appeal if the decision was made by the Chief Magistrate
30 days from the decision
Notice of appeal on a question of law. This is not a new trial or rehearing.
Appeal may be allowed, remitted or dismissed, depending on the legal error and available statutory powers.
Supreme Court of Victoria, Trial Division / Common Law Division
60 days from the decision; extension required after 60 days
Originating motion for judicial review and affidavit under Order 56 of the Supreme Court (General Civil Procedure) Rules 2025. Judicial review examines legality, not whether the decision was factually correct.
Decision may be quashed, remitted, reheard or reconsidered according to law; application may be dismissed.
Usually Court of Appeal, depending on the statute and stage of proceeding
As provided by the relevant statute, rules or court direction
A lower court reserves or states a discrete question of law for determination by a higher court.
Higher court answers the question; the proceeding below is then determined consistently with that answer.
Our client received an immediate term of imprisonment in the Magistrates’ Court following a plea on multiple charges. The sentence was disproportionate to the conduct and our client’s circumstances.
Our client was convicted in the Magistrates’ Court following a hearing affected by an error of law on the face of the record.
Lauren Tye prepared an application for an order to review under s 272 of the Criminal Procedure Act 2009 (Vic), supported by the transcript and focused written submissions. The Supreme Court allowed the application and remitted the matter to the Magistrates’ Court for rehearing before a different Magistrate.
An appeal must identify a proper basis for appellate intervention. Judicial review tests whether the decision was lawful, not whether it was preferable.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
What are the time limits?
Most criminal appeals must be filed within 28 days. Order 56 judicial review applications generally have a 60-day limit. If time has expired, an extension is usually required.
How are appeals heard?
Appeal or judicial review?
What can happen?
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Magistrates’ Court appeals usually proceed in the County Court by rehearing. County Court and Supreme Court appeals are heard in the Court of Appeal. Supreme Court challenges include s 272 appeals on questions of law and Order 56 judicial review.
Lauren Tye advises on the correct forum, process and time limit.
