Liberal Coalition Proposes Splitting Victoria’s Court of Appeal

The Victorian opposition Liberal-National coalition announced a plan to divide the state’s Court of Appeal into a dedicated Court of Criminal Appeal and a separate Court of Civil Appeal. The new criminal court would be staffed with judges selected for “strong background in criminal matters,” according to shadow attorney-general James Newbury. The coalition says the reform, to be introduced if it wins the November election, will create “specialist criminal law judges” who can deliver sentences that align with community expectations and generate new case law.

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The proposal is part of a broader law-and-order platform that includes tougher bail and sentencing measures promised before the end of the year. Recent Victorian crime data show youth offending fell for the first time in four years, while adult crime rose by 10 %—driven by higher rates of bail breaches, retail theft and breaches of family-violence orders. Premier Ben Carroll, who assumed office after Jacinta Allan, has framed crime as a central issue of his leadership and highlighted the coalition’s plan as a potential source of delays in appellate processing.

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Opposition leader Jess Wilson framed the reform as a “new approach” to ensure sentencing meets community expectations. Newbury emphasized that judge appointments would continue to follow the governor-on-advice-of-the-attorney-general process, with a focus on criminal expertise. Premier Ben Carroll criticised the plan, questioning the coalition’s legal expertise and suggesting it would attempt to “rewrite case law overnight.” Liberal member Paul O’Halloran argued that police frustration over bail and lenient sentences underpins the need for the change.

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Legal and human-rights groups warned the split could politicise the judiciary. Liberty Victoria president Gemma Cafarella called the idea a “dangerous and ignorant thought bubble” that would blur the separation of powers. The Australian Lawyers Alliance’s criminal-justice spokesperson Greg Barns SC said there is “no clear evidence” the current appellate structure is failing beyond chronic underfunding. Law Institute of Victoria president Tom Ballantyne said the existing court already has access to judges with extensive criminal expertise, making the added value of a separate court unclear.

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• “It’s time for a new approach,” — Jess Wilson

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• “Governments shouldn’t choose judges to get the outcomes they want,” — Gemma Cafarella

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• “It shows you the Liberal party today have no legal expertise,” — Ben Carroll

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• “Police officers I've worked with over the years are truly frustrated about offenders being bailed, of being released and sentences not reflecting community expectations,” — Mr O'Halloran

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