Liberal Plan to Split Victorian Appeals Court Sparks Judicial Concerns 2026

The Liberal plan to split Victorian appeals court has drawn sharp criticism from legal and human rights groups, who warn it would politicise the judiciary. Opposition leader Jess Wilson announced the radical overhaul on Sunday, proposing to divide the Court of Appeal into separate criminal and civil divisions if the Coalition wins the November election.

What the Liberal Proposal Entails

The plan would create a dedicated criminal appeals court staffed by judges with expertise in criminal law, alongside a separate civil appeals court. The Coalition argues this would streamline sentencing and set new legal precedents to deliver tougher penalties for serious offences. Shadow attorney general James Newbury said a strong background in criminal matters would be a key focus for new appointments, though the existing process of judicial selection by the governor on the attorney general's recommendation would remain unchanged.

Newbury claimed he had consulted with judges and courts in a manner Victorians would expect, but declined to discuss details publicly. The proposal is part of a broader package of bail and sentencing reforms the Coalition has pledged to enact before year's end if elected.

Criticism from Legal and Human Rights Groups

Gemma Cafarella, president of Liberty Victoria, described the plan as a dangerous thought bubble that risks undermining judicial independence. Legal experts argue that creating a separate criminal court with a focus on harsher sentences could pressure judges to align with political expectations rather than impartial legal reasoning.

Human rights organisations echo these concerns, noting that specialised courts can lead to sentencing disparities and erode public confidence in the justice system. The proposal has also been criticised for lacking transparent consultation with the judiciary.

Comparison: Current vs Proposed Court Structure

Potential Impact on Sentencing and Precedent

The Coalition claims the new criminal court would help establish case law that leads to harsher sentences. However, legal analysts point out that sentencing is already guided by statutory frameworks and appellate review. A dedicated criminal court might create inconsistency with civil appeals and complicate the legal system.

Moreover, the proposal could set a dangerous precedent for other states, encouraging political interference in judicial matters. The Victorian Bar Association and Law Institute have yet to issue formal statements, but individual judges have expressed private reservations.

Key Takeaways

• The Liberal plan would split Victoria's Court of Appeal into criminal and civil divisions.
• Legal groups warn it could politicise the judiciary and undermine impartiality.
• The proposal includes tougher bail and sentencing laws, aiming to increase penalties.
• Consultation with the judiciary has been questioned for lack of transparency.
• Outcome could set a national precedent for court restructuring.

FAQ

As the November election approaches, the debate over this proposal highlights the delicate balance between political agendas and judicial independence. Victorians will ultimately decide whether this thought bubble becomes reality.

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