Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 13

Conduct of proceeding after transfer

13. Conduct of proceeding after transfer



(1) The following apply to a proceeding transferred under this Part-

   (a)  the transferee court (if it is a lower court than the transferor
        court) has power to grant in the proceeding any relief, redress or
        remedy and to make any order that the transferor court would have had
        power to grant or make if the proceeding had not been transferred;

   (b)  the proceeding is subject to the procedural rules and practices of the
        transferee court;

   (c)  unless the transferee court otherwise orders, anything done or omitted
        to be done in the proceeding under or in accordance with the rules of
        court that applied to it before the transfer must be taken, so far as
        possible, to have been done or omitted under the rules that apply in
        the transferee court;

   (d)  the transferee court must endeavour to ensure that the proceeding is
        heard and determined no later than it would have been if it had not
        been transferred;

   (e)  a judgment given or order made by the transferee court in the
        proceeding has effect and may be enforced or appealed against like any
        other judgment or order of that court;

   (f)  if the transferee court orders that costs be paid to a party in
        respect of the conduct of the proceeding in the transferor court in
        the period before the transfer, that party shall, unless the
        transferee court otherwise orders, be entitled to costs in respect of
        that period on the transferor court scale;



   (g)  if the transferee court orders that costs be paid to a party in
        respect of the conduct of the proceeding in the transferee court in
        the period after the transfer, that party shall, unless the transferee
        court otherwise orders or the party has otherwise elected in
        accordance with the case transfer rules, be entitled to costs in
        respect of that period on the transferor court scale.

(2) Subsection (1)(a) applies even if the transferor court has exclusive
jurisdiction to hear and determine the proceeding.