Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 24

PART 4 CIRCUIT TRANSFERS

Circuit transfers

24. Circuit transfers



(1) A transfer from one circuit court to another of one or more than one
pending proceeding may take place if the senior judicial officers of those
courts agree that one court has the capacity to deal with it or them and in
the particular circumstances it is not convenient for the procedure set out in
Part 2 or 3 to be followed.

(2) A proceeding may only be transferred under this Part if-

   (a)  in the opinion of the senior judicial officers the criteria set out in
        section 8(2) are met; and

   (b)  the parties to the proceeding consent.

(3) The transferor court (constituted by its designated judicial officer)
must, as soon as practicable, make an order transferring to the transferee
court all proceedings that, under subsections (1) and (2), are capable of
being transferred.

(4) Sections 12(2) and (3) and 13 apply to a proceeding transferred under this
Part in the same manner as they apply to a proceeding transferred under
Part 2.