PROPERTY LAW ACT 1958 - SECT 234C Jurisdiction

PROPERTY LAW ACT 1958 - SECT 234C

    (1)     Subject to this section, the Supreme Court and the County Court do not have jurisdiction to hear an application under this Part.

    (2)     The Supreme Court and the County Court have jurisdiction to hear an application under this Part if the matter which is the subject of the application relates to a proceeding under—

        (a)     Part IX of this Act; or

        (b)     Part IV of the Administration and Probate Act 1958 ; or

        (c)     the Partnership Act 1958 .

    (3)     VCAT does not have jurisdiction to hear an application of a kind referred to in subsection (2).

    (4)     The Supreme Court and the County Court have jurisdiction to hear an application under this Part if—

        (a)     in any proceeding which has commenced in the Supreme Court or the County Court (as the case requires), the issue of co‑ownership of land or goods arises in the course of that proceeding; or

        (b)     in the opinion of the Supreme Court or the County Court (as the case requires), special circumstances exist which justify the Supreme Court or the County Court hearing the application.

    (5)     For the purposes of subsection (4), special circumstances means circumstances in which—

        (a)     the matter which is the subject of the application is complex; or

        (b)     the matter which is the subject of the application, or a substantial part of that matter, does not fall within the jurisdiction of VCAT.

S. 234D inserted by No. 71/2005 s. 5.