Victorian Current Acts

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COURTS (CASE TRANSFER) ACT 1991 - SECT 24

Circuit transfers

    (1)     A transfer from one circuit court to another of one or more than one pending proceeding may take place if the senior judicial officers of those courts agree that one court has the capacity to deal with it or them and in the particular circumstances it is not convenient for the procedure set out in Part 2 or 3 to be followed.

    (2)     A proceeding may only be transferred under this Part if—

        (a)     in the opinion of the senior judicial officers the criteria set out in section 8(2) are met; and

        (b)     the parties to the proceeding consent.

    (3)     The transferor court (constituted by its designated judicial officer) must, as soon as practicable, make an order transferring to the transferee court all proceedings that, under subsections (1) and (2), are capable of being transferred.

    (4)     Sections 12(2) and (3) and 13 apply to a proceeding transferred under this Part in the same manner as they apply to a proceeding transferred under Part 2.



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