84ADiscretionary transfer of proceeding

84A Discretionary transfer of proceeding (1) The Supreme Court may order that a proceeding or part of a proceeding under this Part— (a) pending in the Court be transferred to the Tribunal; or (b) pending in the Tribunal be transferred to the Court. (2) Subject to subsection (3), the Tribunal may order that a proceeding or part of a proceeding under this Part pending in the Tribunal be transferred to the Supreme Court. (3) For the purposes of making a transfer order under subsection (2), the Tribunal must be constituted by— (a) the President of VCAT; or (b) a member nominated by the President. (4) A transfer order under subsection (1) or (2) may be made— (a) on the application of a party to the proceeding pending in the Supreme Court or the Tribunal, as the case requires; or (b) on the own motion of the Court or Tribunal, as the case requires. (5) In making a transfer order under subsection (1) or (2), the Court or Tribunal, as the case requires, must consider the following— (a) the views of the parties in relation to the transfer; (b) whether any proceeding in relation to an associated matter is pending in the Court or Tribunal to which it is proposed to transfer the proceeding; (c) whether the resources and capacity of the Court or Tribunal to which it is proposed to transfer the proceeding are sufficient to hear and determine the proceeding; (d) whether the transfer would facilitate the just, efficient, timely and cost-effective resolution of the issues in dispute in the proceeding; (e) whether the proceeding involves questions of general importance; (f) whether it is desirable to make the transfer order. (6) If the Supreme Court or the Tribunal makes a transfer order under this section, it may make any other order it considers necessary pending the hearing and determination of the transferred proceeding by the Court or Tribunal to which it is transferred. (7) No appeal lies on a decision to transfer a proceeding under subsection (1) or (2). Pt 10 Div. 2 (Heading) amended by No. 52/1998 s. 311(Sch. 1 item 47.8). Division 2—Compulsory conference in the Court S. 85 amended by No. 91/1994 s. 21(a)(d)(e), substituted by No. 52/1998 s. 311(Sch. 1 item 47.9) (as amended by No. 101/1998 s. 22(1)(h)).