Victorian Consolidated Legislation

Credit Act 1984 - SECT 6

Jurisdiction of courts and Tribunals

6. Jurisdiction of courts and Tribunals



(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires, a reference to a court in relation to any contract or
other matter-

   (a)  where proceedings in relation to the contract or matter have been
        instituted in, or are before, a court-is a reference to that court;





   (b)  where proceedings in relation to the contract or matter have been
        instituted in, or are before, the Tribunal-is a reference to the
        Tribunal; or

   (c)  in any other case, is a reference to-

   (i)  the Tribunal; or

   (ii) the Magistrates' Court.



(2) Where a court and the Tribunal each have jurisdiction to determine the
same matter, proceedings to determine the matter may be instituted before the
court or the Tribunal but not before both.

(3) Where proceedings are instituted in, or are before, a court in a matter
for the determination of which the Tribunal and the court each have
jurisdiction, the proceedings shall-

   (a)  if all the parties to the proceedings so agree; or

   (b)  if the court of its own motion or on the application of a party so
        directs-

be transferred to the Tribunal in accordance with the rules of the Tribunal
and shall continue before the Tribunal as if they had been instituted there.

(4) Where proceedings are instituted in, or are before, the Tribunal in a
matter for the determination of which the Tribunal and a court each have
jurisdiction, the proceedings shall-

   (a)  if all the parties so agree; or

   (b)  if the Tribunal of its own motion or on the application of a party so
        directs-

be transferred to the court in accordance with rules of the court or, if the
court is not empowered to make those rules, as prescribed, and shall continue
before the court as if they had been instituted there.