Victorian Consolidated Legislation

County Court Act 1958 - SECT 39

Whether proceedings within jurisdictional limit

39. Whether proceedings within jurisdictional limit











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(2) If a civil proceeding is wholly or partly beyond the jurisdiction of the
court, the court may-







   (a)  amend the originating process for the purpose of bringing the
        proceeding within jurisdiction; or

   (b)  order that the proceeding be stayed pending the making of an
        application under Part 3 of the Courts (Case Transfer) Act 1991; or



   (c)  order that the proceeding be struck out and award costs as if the
        court had jurisdiction and the proceeding were dismissed.

(3) If-





   (a)  under subsection (2)(b) the court orders that a civil proceeding be
        stayed pending the making of an application under Part 3 of the
        Courts (Case Transfer) Act 1991; and

   (b)  within a reasonable time after the making of that order the proceeding
        has not been transferred to the Supreme Court-

the court may exercise the power conferred by subsection (2)(c).