The Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue

Courts and judges – Jurisdiction - Court of Appeal of Victoria - Application for leave to appeal from decision of Victorian Civil and Administrative Tribunal under s 148(1) of Victorian Civil and Administrative Tribunal Act 1998 (Vic) - Application refused by single judge of Trial Division of Supreme Court - Whether Court of Appeal has jurisdiction to hear appeal from refusal of application - Supreme Court Act 1986 (Vic), s 17(2) - Unless otherwise expressly provided an appeal lies to the Court of Appeal from any determination of the Trial Division constituted by a judge - Whether s 148(1) of Victorian Civil and Administrative Tribunal Act 1998 (Vic) expressly provides otherwise.

Statutes – Construction - State legislation governing jurisdiction of State appellate court - Whether appeal lies to Court of Appeal from determination of a single judge - Considerations relevant to construction of legislation - Relevance of constitutional context - Relevance of conferral of jurisdiction on a superior court - Relevance of apparent purpose of supposed limitation on jurisdiction - Relevance of judicial review of administrative decisions - Analysis of legislation.

Victorian Civil and Administrative Tribunal Act 1998 (Vic) – s 148(1).

Supreme Court Act 1986 (Vic) – s 17(2).

Rabel v Eastern Energy Ltd [1999] 3 VR 45 – overruled.