Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 45

Conduct of proceedings

45. Conduct of proceedings



(1) Subject to sections 51, 52 and 52A, where it appears to a court that, in
determining a matter for determination in a proceeding, the court will, or
will be likely to, be exercising relevant jurisdiction the rules of evidence
and procedure to be applied in dealing with the matter are to be such as
the court considers appropriate in the circumstances, being rules that are
applied in a superior court in Australia or in an external Territory.

(2) Where a proceeding is transferred or removed to a court (in this
subsection called the transferee court) from another court (in this subsection
called the transferor court), the transferee court must deal with the
proceeding as if, subject to any order of the transferee court, the steps that
had been taken for the purposes of the proceeding in the transferor court
(including the making of an order), or similar steps, had been taken in the
transferee court.

(3) In this section-

relevant jurisdiction means-

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   (c)  jurisdiction conferred on a court of Victoria with respect to civil
        matters arising under the Corporations Law of another State or the
        Capital Territory; or

   (d)  jurisdiction conferred on a court of another State or the Capital
        Territory with respect to civil matters arising under the Corporations
        Law of Victoria; or

   (e)  jurisdiction conferred on a court of a State or the Capital Territory
        with respect to matters referred to in section 42(1A).