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Zirilli, Saverio v The King [2022] VSCA 192

Victorian Court of Appeal
Emerton ACJ, Beach and McLeish JJA

Zirilli, Saverio v The King

Judgment Date: 
9 September 2022

PRACTICE AND PROCEDURE - Jurisdiction of associate judges - Where Court of Appeal made orders under s 317 of Criminal Procedure Act 2009 for production of documents - Where disputes over production of documents referred to associate judge - Whether associate judge permitted to hear and determine referral - Whether 'slip rule' available to amend referral order - Judgment of associate judge set aside.

Constitution Act 1975 s 75A(2A); Criminal Procedure Act 2009 s 317; Supreme Court Act 1986 ss 10, 11, 17, 111, 113C, 113O, 113P; Supreme Court (Criminal Procedure) Rules 2017 rr 1.06, 1.14, 1.16; Supreme Court (General Civil Procedure) Rules 2015 r 84.03.

Burrell v The Queen (2008) 238 CLR 218, followed.