VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 57J Transfer of substituted proceedings

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 57J

    (1)     A substituted proceeding may be transferred from the Magistrates' Court to the Supreme Court or the County Court (the transferee court ) under this section, after it has been referred under subsection (2) to the designated judicial officers of the Magistrates' Court and the transferee court.

    (2)     A judicial or administrative officer of the Magistrates' Court (which may include the designated judicial officer of that Court) or a party to a substituted proceeding may refer the proceeding to the designated judicial officers of the Magistrates' Court and the transferee court.

    (3)     A substituted proceeding may be transferred under this section only if—

        (a)     the designated judicial officers of the Magistrates' Court and the transferee court are of the opinion that the transfer is appropriate; or

        (b)     in a case of disagreement between the designated judicial officers, the designated judicial officer of the transferee court is of the opinion that the transfer is appropriate.

    (4)     In forming an opinion for the purposes of subsection (3), the designated judicial officers may consider—

        (a)     any amount claimed in the substituted proceeding; and

        (b)     the complexity of the substituted proceeding; and

        (c)     whether, if the Tribunal had jurisdiction to determine the subject matter of the substituted proceeding, it is likely that the matter would have been heard by the President or a Vice President; and

        (d)     which court in the circumstances is the most natural forum for resolution of the matters in dispute in the substituted proceeding; and

        (e)     anything else that the designated judicial officers consider relevant.

    (5)     If the designated judicial officer or officers form the opinion referred to in subsection (3), the Magistrates' Court constituted by its designated judicial officer, as soon as practicable, must make an order transferring the substituted proceeding to the transferee court and, on the making of that order—

        (a)     the proceeding is discontinued in the Magistrates' Court; and

        (b)     the Magistrates' Court must cause the record and all documents relating to the proceeding to be sent to the transferee court.

    (6)     If the substituted proceeding is transferred—

        (a)     the transferee court has, in addition to its existing jurisdiction, functions and powers, any jurisdiction, functions and powers the Magistrates' Court would have had if the proceeding had not been transferred; and

        (b)     unless the transferee court otherwise orders, the practice and procedure applicable in the transferee court apply in relation to the proceeding; and

        (c)     unless the transferee court otherwise orders, anything done or omitted to be done in the proceeding under or in accordance with the rules of court that applied to it before the transfer must be taken, so far as possible, to have been done or omitted under the rules that apply in the transferee court; and

        (d)     the transferee court must endeavour to ensure that the proceeding is heard and determined no later than it would have been if it had not been transferred; and

        (e)     a judgment given or order made by the transferee court in the proceeding has effect and may be enforced or appealed against like any other judgment or order of that court; and

        (f)     the transferee court may award costs in any manner it sees fit; and

        (g)     the transferee court may transfer the proceeding to the Tribunal if satisfied that the Tribunal has jurisdiction to determine the subject matter of the substituted proceeding.

    (7)     This section is in addition to anything in the Courts (Case Transfer) Act 1991 .

S. 57K inserted by No. 31/2021 s. 3.