Courts (Case Transfer) Rules 2011 (Vic)

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Version No. 001

Courts (Case Transfer) Rules 2011

S.R. No. 101/2011

Version

as at


18 September 2011

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

4Revocation

5Definition

PART 2—GENERAL TRANSFERS

6Notice of selection to transfer

7Objection

8Determination

9Transfer order

10Election as to costs

PART 3—INDIVIDUAL TRANSFERS

11Reference by a party

12Notice of reference

13Determination after objection

14Undertaking under Part 3

15Order under section 17(8)

16Objection

17Determination after objection

18Transfer order

PART 4—CIRCUIT TRANSFERS

19Transfer order

PART 5—ADMINISTRATIVE TRANSFERS

20Application under section 26—transfer to lower court

21Application under section 27—transfer to higher court

22Transfer order

PART 6—OTHER TRANSFERS

23Application by party

24Order not on application of party

PART 7—GENERAL

25Delegation of powers or duties

26Extension of time

27Copy document to be served

28Manner of giving notice or serving

29Non-compliance with Rules

30Dispensing with compliance

__________________

FORMS

Form 1—Notice Of Selection under Section 9

Form 2—Notice of Objection under the Courts (Case Transfer) Act 1991

Form 3—Notice of Election

Form 4—Referral under Part 3 of the Courts (Case Transfer) Act 1991

Form 5—Notice of Referral under Part 3 of the Courts (Case Transfer) Act 1991

Form 6—Plaintiff's Application under Part 5 of the Courts (Case Transfer) Act 1991

Form 7—Defendant's Application under Part 5 of the Courts (Case Transfer) Act 1991

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Courts (Case Transfer) Rules 2011

S.R. No. 101/2011

Version

as at


18 September 2011

The Chief Justice of the Supreme Court (with the approval of the Council of Judges of the Supreme Court), the Chief Judge of the County Court (with the approval of the Council of Judges of the County Court) and the Chief Magistrate (with the approval of the Council of Magistrates) make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to make provision for the transfer of civil proceedings between courts under the Courts (Case Transfer) Act 1991.

2Authorising provisions

These Rules are made under section 34 of the Courts (Case Transfer) Act 1991 and all other enabling powers.

3Commencement

These Rules come into operation on 18 September 2011.

4Revocation

The Courts (Case Transfer) Rules 2001[1] are revoked.

5Definition

In these Rules, the Act means the Courts (Case Transfer) Act 1991.

_______________

PART 2—GENERAL TRANSFERS

6Notice of selection to transfer

(1)Notice under section 9 of the Act to the parties to a proceeding selected for transfer shall be in Form 1.

(2)The transferor court shall cause a copy of the notice to be filed in the proceeding.

7Objection

(1)A notice of objection under section 10 of the Act shall be filed within—

(a)14 days after notice to the party under section 9 of the Act; or

(b)such further time as the senior judicial officer of the higher court may allow.

(2)The notice shall—

(a)include a statement of the grounds of the objection and any submissions in support; and

(b)be in Form 2.

8Determination

If a determination is made under section 11 of the…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.