An Argument for Abolishing the Right to Civil Appeal

In most jurisdictions in Australia there exists a right to appeal final orders, but leave must be sought to appeal interlocutory orders. This article argues that the theoretical distinction between final and interlocutory orders is not sufficiently precise to justify the significant implications, in terms of rights to appeal, attendant upon that distinction. Accordingly, the article advocates abolishing the right to civil appeal – thereby removing the impact of this distinction – and offers a critique of the relatively recent Victorian legislation that has achieved this, in order to develop a legislative template for other jurisdictions to follow.