Do you see the term DOES NOT CONSENT TO THE COURT HAVING JURISDICTION Courts (Case Transfer) Act 1991 - SECT 27 Certification by defendant that counterclaim exceeds courts jurisdiction. 27. Certification by defendant that counterclaim exceeds courts jurisdiction (1) The defendant to a proceeding in the County Court or the Magistrates Court may apply to the registrar of the County Court or the principal registrar of the Magistrates Court (as the case requires) for an order that the proceeding be transferred to a higher court if the defendant certifies in accordance with the case transfer rules that a counterclaim involves a matter exceeding the jurisdiction of the court and that the plaintiff does not consent to the court having jurisdiction. (2) The registrar or principal registrar must grant an application under subsection (1) and make an appropriate order if satisfied that the requirements (if any) of the case transfer rules are met. austlii.edu.au/au/legis/vic/consol_act/cta1991228/ Case Transfers. (County Court Vic.) The attached forms are those most commonly used when applying to transfer cases down to the Magistrates Court or up to the Supreme Court from the County Court. More details may be obtained from the Courts (Case Transfer) Act 1991 No.43/1991 and the Courts (Case Transfer) Rules 2001 Statutory Rule No.92/2001. Form 2 - Notice of Objection Form 4 - Referral Under Part 3 Form 6 - Part 5 Application by Plaintiff - (to transfer DOWN to the Magistrates Court) Form 7 - Part 5 Application by Defendant - (to transfer UP to the Supreme Court on a Counterclaim) countycourt.vic.gov.au/civil-forms
Posted on: Sat, 15 Feb 2014 10:58:31 +0000
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