Victorian Numbered Regulations Victorian Numbered RegulationsFORMS
FORM 1
Form 1
In the [ transferor court ]
In the matter of the Courts (Case Transfer) Act 1991 .
NOTICE OF SELECTION UNDER SECTION 9
TAKE NOTICE that the proceedings identified in the Schedule have been selected under section 8 of the Courts (Case Transfer) Act 1991 for transfer to the [ transferee court ] under Part 2 of the Act.
AND TAKE NOTICE that as a party to one of the proceedings identified in the Schedule you may object to the transfer of that proceeding by filing a Notice of Objection in accordance with the Courts (Case Transfer) Rules 2011.
Dated:
This Notice is given at the direction of the [ transferor court ]
Note
Any Notice of Objection should be filed within 14 days and be in Form 2 of the Rules. It should contain a statement of the grounds of the objection and any submissions in support.
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RULES 7(2), 16(2)
Form 2
FORM 2
[ Heading as in originating process ]
NOTICE OF OBJECTION
under the Courts (Case Transfer) Act 1991
TAKE NOTICE that the [ title of party ] in this proceeding objects to the transfer of this proceeding to the [ transferee court ] under the Courts (Case Transfer) Act 1991 .
THE GROUNDS of the objection are as follows: [ set out the grounds concisely in separate, numbered paragraphs ].
THE FOLLOWING SUBMISSIONS are made in support of the objection: [ set out the submissions, if any, that the party objecting wishes to have considered in support of the objection. Submissions should be set out concisely, in separate numbered paragraphs ].
Dated:
[ Signature of party objecting or
legal practitioner ]
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RULE 10
Form 3
FORM 3
[ Heading as in originating process ]
NOTICE OF ELECTION
TAKE NOTICE that the [ title of party ] in this proceeding elects under section 13(1)(g) of the Courts (Case Transfer) Act 1991 to take costs (if ordered in favour of the said party) on the court scale of the [ transferee court ].
Dated:
[ Signature of party electing or
legal practitioner ]
Note
This Notice of Election must be filed in the proceeding and served on all other parties to the proceeding.
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RULE 11
Form 4
FORM 4
[ Heading as in originating process ]
REFERRAL UNDER PART 3
of the Courts (Case Transfer) Act 1991
TAKE NOTICE that the [ title of party ] refers this proceeding to the [ designated judicial officer ] of this Court under section 17(1) of the Courts (Case Transfer) Act 1991 as a proceeding which is or may be suitable for transfer to the [ suggested transferee court ] under Part 3 of that Act.
Dated:
[ Signature of party referring or
legal practitioner ]
Note
This Referral must be filed in the proceeding and a copy served on all other parties to the proceeding.
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RULE 12(2)
Form 5
FORM 5
[ Heading as in originating process ]
NOTICE OF REFERRAL UNDER PART 3
of the Courts (Case Transfer) Act 1991
TAKE NOTICE that this proceeding has been referred to the [ title of the designated judicial officer ] of this Court for consideration for transfer to [ suggested transferee court ] under Part 3 of the Courts (Case Transfer) Act 1991 .
AND TAKE NOTICE that as a party to this proceeding you may make written submissions on the matter on or before [ specify date not less than 21 days after the date of this notice ].
Any submissions should be—
1. entitled in this proceeding;
2. set out concisely in separate, numbered paragraphs; and
3. filed in the Court as a document in this proceeding.
Dated:
This Notice is given at the direction of the [ designated judicial officer ]
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RULE 20(1)
Form 6
FORM 6
[ Heading as in originating process ]
PLAINTIFF'S APPLICATION UNDER PART 5
of the Courts (Case Transfer) Act 1991
TAKE NOTICE that the Plaintiff in this proceeding applies for an order under Part 5 of the Courts (Case Transfer) Act 1991 that this proceeding be transferred to [ proposed transferee court ].
*THE PLAINTIFF certifies that the [ proposed transferee court ] has jurisdiction to hear and determine this proceeding [ including the counterclaim ]
OR
*THE PLAINTIFF certifies that with the written consent of the parties to this proceeding the [ proposed transferee court ] will have jurisdiction to hear and determine this proceeding [ including the counterclaim ].
Dated:
[ Signature of Plaintiff or
legal practitioner ]
Notes
1. If the jurisdiction of the proposed transferee court depends upon the written consent of the parties, that consent must be filed with this application, if not previously filed.
2. This application must be filed in the proceeding and a copy served on all other parties to the proceeding.
*Delete whichever is not applicable.
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RULE 21(1)
Form 7
FORM 7
[ Heading as in originating process ]
DEFENDANT'S APPLICATION UNDER PART 5
of the Courts (Case Transfer) Act 1991
TAKE NOTICE that the Defendant in this proceeding applies for an order under Part 5 of the Courts (Case Transfer) Act 1991 that these proceedings be transferred to [ suggested transferee court ] at [ location of transferee court ].
THE DEFENDANT certifies that the Defendant's counterclaim in this proceeding involves a matter exceeding the jurisdiction of the [ transferor court ] and that the Plaintiff does not consent to the [ transferor court ] having jurisdiction.
Dated:
[ Signature of Defendant or
legal practitioner ]
Note
This Application must be filed in the proceeding and a copy served on all other parties to the proceeding.
Dated: 15 September 2011
MARILYN WARREN,
Chief Justice
MICHAEL ROZENES,
Chief Judge
IAN L. GRAY,
Chief Magistrate
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