Guideline 7.2 – interlocutory appeals to the Court of Appeal

Guideline 7.2 – interlocutory appeals to the Court of Appeal

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for an interlocutory appeal to the Court of Appeal where any of the following applies:

  • the trial judge has provided the necessary certification to appeal the interlocutory decision
  • the trial judge has refused to provide certification to appeal the interlocutory decision and there are reasonable grounds for the interlocutory appeal
  • the Court of Appeal has granted leave to appeal the interlocutory decision
  • the prosecution has filed the appeal.

Documentary requirements

Applications under this guideline can only be made by the standard grants assessment process. A lawyer seeking a grant of legal assistance for an interlocutory appeal should submit an application via ATLAS and include the following documents for assessment:

  • relevant proof of means
  • and, where applicable, the following:
    • a certificate from the trial judge
    • the advice of trial or appellate counsel
    • the prosecution’s notice of appeal.