Victorian Current Acts

COURTS (CASE TRANSFER) ACT 1991 - SECT 30

S. 30(1) amended by No. 38/2017 s. 66.

    (1)     The Supreme Court or the County Court may, of its own motion or on the application of a party to a proceeding pending in that court, order that the proceeding be transferred to a lower court.

    (2)     An order may only be made by a court under subsection (1) if it is satisfied—

        (a)     that it does not have exclusive jurisdiction to hear and determine the proceeding; and

        (b)     that—

              (i)     the lower court has jurisdiction to hear and determine the proceeding; or

              (ii)     the parties consent to the transfer; and

        (c)     that in all the circumstances it is desirable to make the order.