Liberal plan to split Victorian appeals court attacked as ‘thought bubble’ that would politicise judiciary

Victoria's highest court faces a radical overhaul proposal from the Liberal party, which aims to increase sentences for serious offenses by splitting the court of appeal into dedicated criminal and civil divisions. The opposition leader, Jess Wilson, announced the plan, stating it would empower specialist criminal law judges to ensure sentencing meets community expectations and forms new case law. The Coalition also committed to enacting tougher bail and sentencing laws before the end of the year if elected.

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It’s time for a new approach. Our new criminal court will empower specialist criminal law judges to ensure sentencing of criminals meet community expectations. Each sentence they hand down will form part of case law going forward, helping to establish appropriate consequences for criminal actions.

However, the proposal has drawn sharp criticism from legal and human rights organizations. Gemma Cafarella, president of Liberty Victoria, labeled it a "dangerous and ignorant thought bubble" that would politicize the criminal courts. She emphasized the importance of separating legislative and judicial powers, warning that governments should not choose judges to achieve desired outcomes. Cafarella also suggested the Coalition's comments implicitly attacked the work of current court of appeal judges.

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nothing will change about that process, though a “strong background in criminal matters will be a key focus” when making appointments.

Greg Barns SC, criminal justice spokesperson for the Australian Lawyers Alliance, questioned the evidence for the court of appeal's failure, citing only underfunding as a longstanding issue. He described the proposal as a "disturbing example of the risk of undermining the independence of the judiciary" and a signal that the opposition is willing to interfere for political purposes. Susan Accary, director of the Alliance, expressed skepticism that splitting the courts would improve justice quality or address delays. Tom Ballantyne, president of the Law Institute of Victoria, noted that the court already has judges with extensive criminal expertise, questioning the proposal's added value and warning of significant consequences if judicial independence is undermined.

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[It] will mean that criminal matters are dealt with by specialist judges who will be tough on crime, who will be tough on criminal offences.

Crime remains a significant issue in Victoria leading up to the November election. The current Labor government has already introduced controversial sentencing and bail reforms and is reviewing sentencing practices. This Liberal proposal to restructure the court of appeal adds another layer to the pre-election debate on law and order.

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dangerous and ignorant thought bubble designed without the input of experts