Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 32

Transfer of proceeding from inferior court

32. Transfer of proceeding from inferior court



(1) If as to any claim brought in an inferior court the defendant raises-

   (a)  a defence; or

   (b)  a counter-claim-

which involves a matter exceeding the jurisdiction of that court, then, unless
an order is made under the Courts (Case Transfer) Act 1991 transferring the
proceeding to a court with jurisdiction, that court must determine all the
issues raised in the proceeding that relate to the claim of the plaintiff and
the defence to it and may grant relief on the counter-claim to the extent that
it is within its jurisdiction to do so.



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