Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 27

Certification by defendant that counterclaim exceeds court's jurisdiction

27. Certification by defendant that counterclaim exceeds court's jurisdiction



(1) The defendant to a proceeding in the County Court or the Magistrates'
Court may apply to the registrar of the County Court or the principal
registrar of the Magistrates' Court (as the case requires) for an order that
the proceeding be transferred to a higher court if the defendant certifies in
accordance with the case transfer rules that a counterclaim involves a matter
exceeding the jurisdiction of the court and that the plaintiff does not
consent to the court having jurisdiction.



(2) The registrar or principal registrar must grant an application under
subsection (1) and make an appropriate order if satisfied that the
requirements (if any) of the case transfer rules are met.