Victorian Consolidated Regulations

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2018 - REG 2.07

Entry of proceeding in list

    (1)     The principal registrar must cause a proceeding to be entered in a list.

    (2)     The President or a Vice-President may transfer a proceeding from a list to another list.

Rule 2.07(3) substituted by S.R. No. 18/2019 rule 6(1).

    (3)     Any of the following may request the transfer of a proceeding from a list in which the proceeding is entered to another list—

        (a)     a party to the proceeding;

        (b)     the principal registrar;

        (c)     a member.

Rule 2.07(3A) inserted by S.R. No. 18/2019 rule 6(1).

    (3A)     A request under subrule (3) must be addressed to—

        (a)     the member in charge of a list in which the proceeding is entered; or

        (b)     the Deputy Head of a list in which the proceeding is entered.

Rule 2.07(3B) inserted by S.R. No. 18/2019 rule 6(1).

    (3B)     On a request under subrule (3), any of the following who may also be the member referred to in subrule (3)(c) may order the transfer of the proceeding from that list to another list—

        (a)     the member in charge of the list in which the proceeding is entered;

        (b)     in the absence of that member in charge of a list, a member assigned to the list nominated by that member in charge of a list for the purposes of this subrule;

        (c)     the Deputy Head of a list in which the proceeding is entered.

Rule 2.07(4) amended by S.R. No. 18/2019 rule 6(2)(a).

    (4)     An order can only be made under subrule (3B) with the consent of—

        (a)     the member in charge of the list to which the proceeding is to be transferred; or

Rule 2.07(4)(b) amended by S.R. No. 18/2019 rule 6(2)(b).

        (b)     in the absence of that member in charge of a list, a member assigned to that list nominated by the member in charge of that list for the purposes of this subrule; or

Rule 2.07(4)(c) inserted by S.R. No. 18/2019 rule 6(3).

        (c)     the Deputy Head of the list to which the proceeding is to be transferred.

Rule 2.07(5) amended by S.R. No. 18/2019 rule 6(4)(a).

    (5)     An order under subrule (3B)—

        (a)     may be made without the attendance of the parties to the proceeding; and

Rule 2.07(5)(b) amended by S.R. No. 18/2019 rule 6(4)(b).

        (b)     may be made on such terms and conditions as the member in charge of a list, Deputy Head of a list or member who makes the order (as the case requires) thinks fit; and

        (c)     may include an order for costs.

    (6)     The principal registrar or a member, with the written consent of the parties, may transfer a proceeding from a list to another list.



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