Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 26

PART 5 ADMINISTRATIVE TRANSFERS

Certification by plaintiff that proceeding within lower court's jurisdiction

26. Certification by plaintiff that proceeding within lower court's
jurisdiction



(1) The plaintiff to a proceeding in the Supreme Court or the County Court may
apply to the Prothonotary of the Supreme Court or the registrar of the County
Court (as the case requires) for an order that the proceeding be transferred
to a lower court if the plaintiff certifies in accordance with the case
transfer rules that the lower court has, or with the written consent of the
parties will have, jurisdiction to hear and determine the proceeding,
including any counterclaim.

(2) The Prothonotary or registrar must grant an application under subsection
(1) and make an appropriate order if satisfied-

   (a)  that the lower court has, or (by consent of the parties) will have,
        jurisdiction; and

   (b)  that the requirements (if any) of the case transfer rules are met.