Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT ACT 1986 - SECT 32

Transfer of proceeding from inferior court

S. 32(1) amended by No. 43/1991 s. 36(a).

    (1)     If as to any claim brought in an inferior court the defendant raises—

        (a)     a defence; or

        (b)     a counter-claim—

which involves a matter exceeding the jurisdiction of that court, then, unless an order is made under the Courts (Case Transfer) Act 1991 transferring the proceeding to a court with jurisdiction, that court must determine all the issues raised in the proceeding that relate to the claim of the plaintiff and the defence to it and may grant relief on the counter-claim to the extent that it is within its jurisdiction to do so.

S. 32(2)–(5) repealed by No. 43/1991 s. 36(b).

    *     *     *     *     *

No. 6387 s. 60.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback