For a long time the County Court heard intervention order appeals from the Magistrates Court on a de novo basis. In other words the County Court heard the evidence afresh without being limited to the evidence presented in the first case. Appeals were granted without having to demonstrate any error in the first hearing.
It is now clear since AAA v County Court of Victoria [2023] VSC 13 that there must be some legal, factual or discretionary error to enliven the right of appeal. It is not automatic. Once that has been shown the County Court will not necessarily be restricted to the record of evidence led at the original hearing. The court will consider evidence given at the first hearing and may hear new evidence and substitute its own decision based on the facts and law as they stand.
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