A Case Transfer is a process whereby a legal case that is before a court is transferred to another court. In Victoria, there are provisions in certain circumstances to transfer proceedings between the Supreme, County and Magistrates' Courts.
Case Transfers are dealt with pursuant to the Courts (Case Transfer) Act 1991.
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.
Cross-vesting is when proceedings from other jurisdictions, including the Family and Federal Courts and Supreme Courts in other States and Territories, are collaborated on in a local jurisdiction for purposes of convenience and to minimise potential expense without detracting from the existing jurisdiction. Cross-vesting 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 Supreme Court of Victoria must go before the Court for directions on application of the cross-vesting party (plaintiff).
Information on transferring a procedure to the Supreme Court of Victoria 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 the relevant Registry. Common Law matters are managed through the Principal Registry and Commercial Court Registry managers Commercial Court matters. Visit the Contact us page to access the details for each registry.