Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 17

Reference to designated judicial officers

17. Reference to designated judicial officers



(1) A judicial or administrative officer of the court in which a proceeding is
pending (including the designated judicial officer of that court), or a party
to a proceeding, who is of the opinion that the proceeding is or may be
suitable for transfer to another court under this Part may refer the matter to
the designated judicial officer of the court in which it is pending.

(2) That designated judicial officer must, in accordance with the case
transfer rules, give the parties to the proceeding a reasonable opportunity to
make written submissions on the matter.

(3) That designated judicial officer and his or her counterpart in the
possible transferee court must consider the proceeding and any written
submissions made in respect of it and determine whether it should be
transferred.

(4) The designated judicial officers may adjourn their consideration of a
proceeding-

   (a)  to such times and places; and

   (b)  for such purposes-

as they consider necessary or just in the circumstances.

(5) If the designated judicial officers cannot agree about whether a
particular proceeding should be transferred or not, the opinion of the officer
of the higher court is to be taken to be the determination of both.

(6) The designated judicial officers may require an undertaking as to costs to
be given by-

   (a)  a party who supports the transfer as a condition of determining that a
        proceeding should be transferred; or

   (b)  a party who opposes the transfer as a condition of determining that a
        proceeding should not be transferred.

(7) The designated judicial officers must not require an undertaking from a
party without giving the party a reasonable opportunity to be heard by them.



(8) A step or further step must not be taken under this section with respect
to a proceeding if the court in which it is pending (constituted by a judge or
magistrate, as the case requires) has by order declared that it is not in the
interests of justice that the proceeding be transferred having regard to the
stage to which it has progressed.