Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic)

The High Court of Australia considered an application for leave to appeal from a decision of the Court of Appeal of Victoria. The dispute concerned the jurisdiction of the Court of Appeal to hear an appeal from a single judge of the Trial Division of the Supreme Court of Victoria, who had refused an application for leave to appeal from a decision of the Victorian Civil and Administrative Tribunal (VCAT). The Commissioner of State Revenue (Vic) was the respondent.

The central legal issue before the High Court was whether section 148(1) of the *Victorian Civil and Administrative Tribunal Act 1998* (Vic) expressly provided that an appeal from a determination of the Trial Division constituted by a judge did not lie to the Court of Appeal, notwithstanding section 17(2) of the *Supreme Court Act 1986* (Vic), which generally provides for such appeals. The High Court also considered whether, if an appeal did lie, it was as of right or required leave.

The High Court allowed the appeal, finding that the Court of Appeal had jurisdiction to hear the appeal. The Court reasoned that section 17(2) of the *Supreme Court Act* conferred a broad right of appeal to the Court of Appeal from determinations of the Trial Division, and that section 148(1) of the *VCAT Act* did not contain sufficiently clear and express language to limit or exclude this general right of appeal in the circumstances. The Court noted that any such limitation would need to be of unarguable clarity to justify restricting access to a superior appellate court. The High Court set aside the order of the Court of Appeal and remitted the matter for further hearing and determination.