Version No. 006
Courts (Case Transfer) Act 1991
No. 43 of 1991
Version incorporating amendments as at
1 May 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Delegation
5Nature of transfers under this Act
Part 2—General transfers
6When general transfer may take place
7Registry officer to identify suitable proceedings
8Designated judicial officers to select proceedings from those identified
9Parties to be notified
10Parties may object
11Senior judicial officers to consider objections
12Transfer order
13Conduct of proceeding after transfer
14Only one transfer possible
Part 3—Individual transfers
15When individual transfer may take place
16Criteria for transfer
17Reference to designated judicial officers
18Parties to be notified
19Parties may object
20Senior judicial officers to consider objections
21Transfer order
22Conduct of proceeding after transfer
23Only one transfer possible
Part 4—Circuit transfers
24Circuit transfers
25More than one transfer possible
Part 5—Administrative transfers
26Certification by plaintiff that proceeding within lower court's jurisdiction
27Certification by defendant that counterclaim exceeds court's jurisdiction
28Consequences of order under this Part
29More than one transfer possible
Part 6—Other transfers
30Other transfers
31Consequences of order under this Part
32This Part additional to other Parts
33Only further transfer under Part 4 possible
Part 7—Case transfer rules
34Power to make case transfer rules
35Rules prevail over inconsistent rules of court
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 006
Courts (Case Transfer) Act 1991
No. 43 of 1991
Version incorporating amendments as at
1 May 2018
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to establish a new system for the transfer of civil proceedings between courts in order to improve efficiency in the administration of civil justice in Victoria;
(b)to alter the jurisdictional limits of the County Court in civil proceedings;
(c)to provide for the suspension of the pension entitlements of a Reserve Supreme Court or County Court Judge while he or she holds another public office or engages in legal practice anywhere in Australia and to require such a Judge to obtain the consent of the Chief Justice or Chief Judge (as the case requires) before accepting such an appointment.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
case transfer rules means rules made under Part 7;
circuit court means the Supreme Court or County Court sitting at a place outside Melbourne;
court means the Supreme Court, County Court or Magistrates' Court;
designated judicial officer—
(a)in relation to the Supreme Court, means an Associate Judge or a judicial registrar of the Supreme Court designated by the Chief Justice for the purposes of this
Act;
(b)in relation to the County Court, means a judge, an associate judge or a judicial registrar of the County Court designated by the Chief Judge for the purposes of this Act;
(c)in relation to the Magistrates' Court, means a magistrate or a judicial registrar of the Magistrates' Court designated by the Chief Magistrate…