Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 8

Designated judicial officers to select proceedings from those identified

8. Designated judicial officers to select proceedings from those identified



(1) The designated judicial officers of the two courts concerned must consider
the identified proceedings and determine which of them should be transferred.

(2) A proceeding may only be transferred under this Part if in the opinion of
the designated judicial officers-

   (a)  the transferor court does not have exclusive jurisdiction to hear and
        determine it; and

   (b)  the transferee court has the appropriate skill, experience and
        authority to hear and determine it having regard to its gravity,
        difficulty and importance; and

   (c)  it is just and convenient that it be transferred.

(3) A proceeding must not be transferred to the Magistrates' Court if a party
has elected, or the court in which it is pending has ordered, that it be heard
and determined with a jury.

(4) 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.