Victorian Current Acts

MAGISTRATES' COURT ACT 1989 - SECT 101

    (1)     If a civil proceeding is wholly or partly beyond the jurisdiction of the Court, the Court may—

        (a)     amend the complaint for the purpose of bringing the proceeding within jurisdiction; or

S. 101(1)(b) amended by No. 43/1991 s. 38(a).

        (b)     order that the proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991 ; or

        (c)     order that the complaint be struck out and award costs as if the Court had jurisdiction and the complaint were dismissed.

    (2)     If—

S. 101(2)(a) amended by No. 43/1991 s. 38(b).

        (a)     under subsection (1)(b) the Court orders that a proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991 ; and

        (b)     within a reasonable time after the making of that order the proceeding has not been transferred to another court—

the Court may exercise the power conferred by subsection (1)(c).

Pt 5 Div. 1A (Heading and s. 101A) inserted by No. 15/1998 s. 9.

Division 1A—Administration of children's funds

S. 101A inserted by No. 15/1998 s. 9.