GAO v ZHANG

4 VR 245·Phillips and Batt JJA
4 VR 245
GAO v ZHANG SUPREME COURT OF VICTORIA Phillips and Batt JJA 8, 13 February, 04 March 2002 [2002] VSCA 0019 AppealCounty CourtMagistrates’ CourtIntervention orderOrder by County Court dismissing appeal from order of Magistrates’ CourtWhether appeal lies to Court of Appeal from County Court order County Court Act 1958 (No 6230) s 74(1) Crimes (Family Violence) Act 1987 (No 19) ss 20, 21(4) Magistrates’ Court Act 1989 (No 8184) s 86(2)..

The defendant in a proceeding for an intervention order under the Crimes (Family Violence) Act 1987 had no right of appeal to the Court of Appeal from an order of the County Court made on appeal by the defendant from the Magistrates’ Court under s 20 of that Act. This was because s 20(6) applied the provisions of the Magistrates’ Court Act 1989 (with necessary modifications and adaptations) to the appeal to the County Court and s 86(2) of the Magistrates’ Court Act excluded from the operation of s 74 of the County Court Act 1958 an order of the County Court made on appeal from the Magistrates’ Court. [7], [9], [11].

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