Associate Justice Derham of the Supreme Court of Victoria yesterday expedited the hearing of Mylo’s appeal by directing, first, that both the application for leave ( permission) to appeal and the appeal be heard together by a Judge of the Court and, second, that the parties file and serve written submissions and a court book by 15 November 2013.

Normally, the application for leave to appeal is first heard by an Associate Justice and only then, if granted , is the appeal subsequently referred to a Judge of the Court for determination. In light of the expedited time frames directed by the Court for pre-trial steps, it is anticipated the hearing will take place before Christmas , with the prospect that Mylo’s appeal may be determined by then as well. Mylo was taken into custody by the City of Brimbank on or about 7 May 2012 and declared to be a restricted breed dog on 17 May 2012. He has thus been incarcerated for more than 18 months.

Panel counsel , Richard Kendall QC and Andrew Felkel appeared for Mylo’s owner, instructed by Alyshia Tuziak of Turks Legal, solicitors.