Victorian Current Acts Victorian Current Acts(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to a court in relation to any contract or other matter—
S. 6(1)(a) amended by Nos
52/1998
s. 23(b), 17/1999 s. 28(2), 10/2005 s. 3(Sch. 1
item 6).
(a) where proceedings in relation to
the contract or matter have been instituted in, or are before, a
court—is a reference to that court;
S. 6(1)(b) amended by No.
52/1998
s. 23(a)(c).
(b) where proceedings in relation to the contract or matter have been instituted in, or are before, the Tribunal—is a reference to the Tribunal; or
(c) in any other case, is a reference to—
S. 6(1)(c)(i) amended by No.
52/1998
s. 23(a).
(i) the
Tribunal; or
S. 6(1)(c)(ii) amended by No.
57/1989
s. 3(Sch.
item 39).
(ii) the Magistrates' Court.
S. 6(2) amended by No.
52/1998
s. 23(a).
(2) Where a court and the Tribunal each have jurisdiction to determine the same matter, proceedings to determine the matter may be instituted before the court or the Tribunal but not before both.
S. 6(3) amended by No.
52/1998
s. 23(a)(d).
(3) Where proceedings are instituted in, or are before, a court in a matter for the determination of which the Tribunal and the court each have jurisdiction, the proceedings shall—
(a) if all the parties to the proceedings so agree; or
(b) if the court of its own motion or on the application of a party so directs—
be transferred to the Tribunal in accordance with the rules of the Tribunal and shall continue before the Tribunal as if they had been instituted there.
S. 6(4) amended by No.
52/1998
s. 23(a).
(4) Where proceedings are instituted in, or are before, the Tribunal in a matter for the determination of which the Tribunal and a court each have jurisdiction, the proceedings shall—
(a) if all the parties so agree; or
(b) if the Tribunal of its own motion or on the application of a party so directs—
be transferred to the court in accordance with rules of the court or, if the court is not empowered to make those rules, as prescribed, and shall continue before the court as if they had been instituted there.