Victorian Liberals' plan to split appeals court draws warnings of judicial politicisation
Victoria's opposition Liberal party has proposed splitting the state's court of appeal into criminal and civil divisions to secure tougher sentences, but legal and human rights groups warn the move would politicise the judiciary.
Victorian opposition leader Jess Wilson announced on Sunday that, if the Coalition wins November's election, it would split the state's court of appeal into two separate bodies: a dedicated court of criminal appeal and a court of civil appeal. Additional judges with expertise in criminal law would be appointed to the new criminal court.
The restructure would accompany tougher bail and sentencing laws the Coalition has pledged to enact by the end of the year if elected. Wilson said the specialist judges would set new case law over time, helping establish tougher consequences for serious crimes.
Shadow attorney general James Newbury said the existing appointment process — judges appointed by the governor on the attorney general's recommendation — would not change, but a strong background in criminal matters would become a key consideration. He said he had consulted with judges and courts on the policy but declined to discuss details publicly.
Legal groups push back
Liberty Victoria president Gemma Cafarella called the plan a "dangerous and ignorant thought bubble" devised without expert input, warning that governments should not choose judges to secure desired outcomes. Australian Lawyers Alliance spokesperson Greg Barns said there was no clear evidence the current court structure was failing, aside from long-standing underfunding, and warned the proposal risked undermining judicial independence. Law Institute of Victoria president Tom Ballantyne said the court of appeal already had access to judges with extensive criminal law expertise, questioning what the new structure would add.
Crime remains a prominent issue ahead of November's election, with the governing Labor party having already passed tougher laws on violent crime and bail, and launched a review of sentencing. Premier Ben Carroll said the Liberal proposal showed the party lacked legal expertise.
