Victoria Bar Warning: Court of Appeal Split Proposal Raises Concerns

• The Liberal Party in Victoria has proposed splitting the state's Court of Appeal into a Court of Criminal Appeal and a Court of Civil Appeal.
• Announced by party leader Jess Wilson on August 23, the plan aims to appoint more specialist criminal judges and align serious crime sentences with community expectations.
• The Victorian Bar has cautioned against the politicisation of courts, with president Fiona Ryan SC expressing concerns about judicial independence and the vagueness of the proposal.
• Ryan emphasized that judges must be appointed on merit and apply laws impartially, condemning any suggestion of appointments made to influence outcomes.
• The proposed criminal appeals court would also be tasked with implementing new bail and sentencing legislation if the Liberal and Nationals team forms the next government.

She condemned any suggestion that judicial appointments could be made to sway results, describing such an idea as anathema to the fundamental principle of the separation of powers, which forms the bedrock of public confidence in the judiciary's independence.

The Liberal Party in Victoria has put forward a significant proposal to restructure the state's appellate court system, announcing a plan to divide the existing Court of Appeal into distinct criminal and civil divisions. This **Liberal Party Victoria court split plan** was unveiled by party leader Jess Wilson on Sunday, August 23. The core of the proposal involves establishing a dedicated **Victorian Court of Criminal Appeal proposal** and a separate Court of Civil Appeal.

Under this proposed structure, the criminal appeals court would be empowered to appoint more judges specifically focused on criminal matters. A key function of this new court would be to oversee other courts across Victoria, ensuring that sentences for serious crimes align with community expectations. Furthermore, the plan indicates that this criminal appeals court would be instrumental in implementing new bail and sentencing legislation, which the Liberal and Nationals team intends to bring into force before Christmas, should they form the next state government. The party envisions this court identifying common law precedent through the specialized expertise of its criminal law judges, operating under enhanced legal frameworks.

This structural change is presented as an integral component of the party's broader community safety restoration plan. Jess Wilson articulated the rationale, stating that Victorians are frustrated with serious offenders frequently being released on bail with minimal consequences, necessitating a fresh approach. She emphasized that the new criminal court would empower specialist judges to ensure sentencing meets public expectations, with each judgment contributing to case law and establishing appropriate consequences for criminal actions. Shadow Attorney-General James Newbury echoed these sentiments, highlighting the party's concern over high levels of criminal offending under the current justice system and asserting that the new court, with its specialist judges and stronger legislation, would ensure proper punishment for offenders.

In response to the **Liberal Party Victoria court split plan**, the Victorian Bar has issued a strong **Victoria Bar warning Court of Appeal split proposal**, specifically cautioning against the potential politicisation of the courts. While acknowledging the commitment to enhance court resources through the appointment of additional judges, Bar president Fiona Ryan SC expressed significant reservations regarding the clarity of key aspects of the proposal.

Ryan questioned how the proposed division would genuinely improve the administration of justice, noting that the current Court of Appeal already performs crucial work in reviewing lower court decisions in criminal matters according to established law. She underscored the necessity for thorough consideration and extensive consultation before implementing such major **Victoria Supreme Court structural changes**.

Central to the Bar's apprehension are profound **Victoria judicial independence concerns**. Fiona Ryan SC explicitly stated that courts must remain apolitical and that judges must always be appointed based on merit, rather than with any intention to influence judicial outcomes. She condemned any suggestion that judicial appointments could be made to sway results, describing such an idea as anathema to the fundamental principle of the separation of powers, which forms the bedrock of public confidence in the judiciary's independence.

The Victorian Bar, through **Fiona Ryan SC court politicisation** statements, has made it clear that while open to discussing court reforms, it prioritizes an independent and apolitical judiciary. Ryan stressed that judges must apply laws enacted by Parliament impartially, without fear or favour, and without allowing personal views to influence their decisions. This judicial independence, she asserted, is fundamental to the rule of law.

The proposed **Victorian Court of Criminal Appeal proposal** aims to significantly impact the application of new bail and sentencing legislation, with its specialist judges tasked with shaping common law precedent. This initiative stems from the Liberal Party's stated objective to address perceived high levels of criminal offending. However, the Bar's warning highlights a critical tension between the desire for judicial outcomes that align with "community expectations" and the imperative to safeguard the judiciary's autonomy from political influence. The call for comprehensive consultation on these significant structural changes to the Supreme Court underscores the complexity and potential far-reaching consequences of the proposed split for Victoria's legal landscape.

Lawyers practicing in Victoria, especially in criminal and civil appeals, should closely monitor the proposed split of the Court of Appeal. This restructuring could lead to significant changes in appellate procedures, judicial appointments, and the application of sentencing and bail laws, requiring adaptation to new court structures and precedents.

Source: Original reporting via Australasian Lawyer.