Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 30

PART 6 OTHER TRANSFERS

Other transfers

30. Other transfers



(1) The Supreme Court (constituted by a judge) or the County Court
(constituted by a judge) may, of its own motion or on the application of a
party to a proceeding pending in that court, order that the proceeding be
transferred to a lower court.

(2) An order may only be made by a court under subsection (1) if it is
satisfied-

   (a)  that it does not have exclusive jurisdiction to hear and determine the
        proceeding; and

   (b)  that-

   (i)  the lower court has jurisdiction to hear and determine the proceeding;
        or

   (ii) the parties consent to the transfer; and

   (c)  that in all the circumstances it is desirable to make the order.