CASE TRANSFERS AND CROSS VESTING

Case Transfers are dealt with pursuant to the Courts (Case Transfer) Act 1991. There is provision in certain circumstances to transfer proceedings between the Supreme, County and Magistrates' Courts.

There are six types of case transfers possible under the Act, but the most common types of transfers are covered in Part 3 and Part 5 of the Act.

The cross-vesting of proceedings from other jurisdictions, including the Family and Federal Courts and Supreme Courts in other States and Territories, is provided for in the Jurisdiction of Courts (Cross-Vesting) Act 1987 and Cross-Vesting of Jurisdiction Rules, Order 13 Ch II.

Where a proceeding is in a Specialist List the application for cross-vesting should be made to the Judge-in-Charge of that List. 

All other applications are to be made to the Master-in-Charge of the Division appropriate to the proceeding.

Proceedings that are transferred to the Victorian Supreme Court must go before the Court for directions on application of the cross-vesting party (plaintiff).

Information on transferring a procedure to the Victorian Supreme Court should be made to the originating Court.

*Enquiries about cross-vesting a Victorian proceeding to another Court or on a proceeding that has been cross-vested to this Court, should be made to: Registry - Tel: 9603 9308

http://www.supremecourt.vic.gov.au/home/practice+and+procedure/prothonotary_s+office/case+transfers+and+cross+vesting