Victorian Consolidated Legislation

County Court Act 1958 - SECT 37

Extent of jurisdiction

37. Extent of jurisdiction



(1) The court has jurisdiction to hear and determine-



   (a)  all applications, claims, disputes and civil proceedings regardless of
        the type of relief sought or the subject-matter as are not by this or
        any other Act excluded from its jurisdiction; and

   (b)  all civil proceedings against municipal councils in respect of loss or
        injury sustained by persons or property by reason of accidents, upon
        or while using any highway, street, road, bridge, ferry or jetty or
        upon or in or while using any paths or any land or building under the
        control of a municipal council; and

   (c)  all other civil proceedings in respect of which jurisdiction is given
        to the court by this or any other Act.

(2) The court does not have jurisdiction to hear or determine any application,
claim, dispute or other civil proceeding (other than proceedings to which
subsection (1)(b) or (c) applies)-



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   (c)  brought by application for a prerogative writ or an order in the
        nature of a prerogative writ; or

   (d)  brought upon a judgment of the Supreme Court.

(3) If a verdict is returned for or a judgment is given for an amount greater
than the amount sought to be recovered in the civil proceeding by the
plaintiff-

   (a)  the court must find and record the amount of the verdict or judgment;
        and

   (b)  the plaintiff may recover the full amount of the verdict or judgment
        or, if the full amount is liable to be reduced in accordance with Part
        V of the Wrongs Act 1958, the amount to which the full amount is so
        liable to be reduced, even if that full amount or reduced amount is
        greater than the amount sought to be recovered.



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