Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 44AA

Transfer of proceedings in lower courts

44AA. Transfer of proceedings in lower courts



(1) This section applies to a proceeding with respect to a civil matter
arising under the Corporations Law of Victoria in a lower court (the first
court) having jurisdiction under section 42B.

(2) If it appears to the first court that, having regard to the interests of
justice, it is more appropriate for the proceeding, or an application in the
proceeding, to be determined by another court (the second court) having
jurisdiction in the matters for determination in the proceeding or
application, the first court may take action under whichever of subsections
(3) and (4) applies.

(3) If the second court is also a lower court, the first court may transfer
the proceeding or application to the second court.

(4) If the second court is a superior court, the first court may transfer the
proceeding or application to the relevant Supreme Court and recommend that the
proceeding or application be transferred by the Supreme Court to the second
court.

(5) The relevant Supreme Court is not bound to comply with a recommendation
under subsection (4) and it may instead decide-

   (a)  to deal with the proceeding or application itself; or

   (b)  to transfer the proceeding or application to some other court (which
        could be the first court).

(6) Nothing in this section allows the relevant Supreme Court to transfer the
proceeding or application to another court otherwise than in accordance with
section 44 and the other requirements of this Division.

(6A) Nothing in this section confers on a court jurisdiction that the court
would not otherwise have.

(7) In this section-

relevant Supreme Court means the Supreme Court of the State or Territory of
which the first court is a court.