Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 47.01

Place of hearing of proceeding

    (1)     A civil proceeding must be heard at the venue of the court at which the complaint was filed.

    (2)     A defendant may object to the venue at which the proceeding is to be heard by giving notice in writing to the plaintiff no later than 14 days after the giving of the notice of defence.

    (3)     If, after giving a notice under paragraph (2), the plaintiff does not agree to a change of venue, the defendant may apply to the Court no later than 14 days after the giving of the notice, for a decision under paragraph (4) as to the appropriate venue.

    (4)     Despite paragraph (1), if the Court is satisfied that the interests of justice so require, the Court may adjourn the hearing of a proceeding to another venue of the Court.

    (5)     In making a decision under paragraph (4), the Court may have regard to any one or more of the following matters—

        (a)     the places of residence of the parties and of the witnesses likely to be called in the proceeding;

        (b)     the place where the subject matter of the complaint arose;

        (c)     the financial circumstances of the parties;

        (d)     any agreement between the parties about the venue of the Court at which the proceedings should be heard;

        (e)     whether a related or similar proceeding has been commenced to which the plaintiff or defendant is a party;

        (f)     any other relevant matter.

    (6)     A proceeding is not void or in any other way affected merely because the proceeding was filed at or was heard and determined at a venue of the court other than the proper venue of the court.

        47.02     * * * * *

        47.03     * * * * *



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