Victorian Consolidated Regulations Victorian Consolidated Regulations(1) When a court or tribunal makes a referral to the Trial Division of the Supreme Court, the applicant shall implement that referral by filing an originating motion in Form 2–23A.
(2) The originating motion shall name as defendant each other party to the proceeding from which the referral is made.
(3) Any party named as a defendant pursuant to paragraph (2) may notify the Court and the plaintiff in writing that the party does not wish to be heard and will abide the decision of the Court on the referral.
(4) If the applicant does not implement the referral within seven days, any other party to the proceeding from which the referral was made may implement the referral by filing an originating motion in Form 2–23A.
(5) The implementation of a referral under paragraph (4) does not—
(a) constitute acceptance by the party who implements the referral that the subject matter of the referral is a matter to which section 33 of the Charter applies; or
(b) prevent that party opposing, whether in whole or in part, any matter to which the referral relates.
(6) An originating motion shall have attached a copy of the order, direction or other document recording the referral from the court or tribunal from which the referral is made.