Victorian Consolidated Legislation

COURTS (CASE TRANSFER) ACT 1991

No. 43 of 1991
Version incorporating amendments as at 17 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Delegation
   5.      Nature of transfers under this Act

   PART 2-GENERAL TRANSFERS

   6.      When general transfer may take place
   7.      Registry officer to identify suitable proceedings
   8.      Designated judicial officers to select proceedings from those identified
   9.      Parties to be notified
   10.     Parties may object
   11.     Senior judicial officers to consider objections
   12.     Transfer order
   13.     Conduct of proceeding after transfer
   14.     Only one transfer possible

   PART 3-INDIVIDUAL TRANSFERS

   15.     When individual transfer may take place
   16.     Criteria for transfer
   17.     Reference to designated judicial officers
   18.     Parties to be notified
   19.     Parties may object
   20.     Senior judicial officers to consider objections
   21.     Transfer order
   22.     Conduct of proceeding after transfer
   23.     Only one transfer possible

   PART 4-CIRCUIT TRANSFERS

   24.     Circuit transfers
   25.     More than one transfer possible

   PART 5-ADMINISTRATIVE TRANSFERS

   26.     Certification by plaintiff that proceeding within lower court's jurisdiction
   27.     Certification by defendant that counterclaim exceeds court's jurisdiction
   28.     Consequences of order under this Part
   29.     More than one transfer possible

   PART 6-OTHER TRANSFERS

   30.     Other transfers
   31.     Consequences of order under this Part
   32.     This Part additional to other Parts
   33.     Only further transfer under Part 4 possible

   PART 7-CASE TRANSFER RULES

   34.     Power to make case transfer rules
   35.     Rules prevail over inconsistent rules of court

   PART 8-CONSEQUENTIAL AMENDMENTS

   36.     Amendment of Supreme Court Act
   37.     Amendment of County Court Act
   38.     Amendment of Magistrates' Court Act

   PART 9-OTHER AMENDMENTS

   39.     Civil Jurisdiction of County Court
   40.     Reserve Judges (Supreme Court)
   41.     Reserve Judges (County Court)
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details