A Supreme Court judge has no power under s 47 of the Civil Procedure Act 2010 (Vic) to prevent an administrative case transfer under s 26 of the Courts (Case Transfer) Act 1991 (Vic). Where a plaintiff satisfies the jurisdictional requirements of s 26, the Prothonotary is under a mandatory duty to grant the transfer and mandamus lies to enforce that duty. The only judicial mechanisms to prevent such a transfer are restraining the plaintiff on grounds of abuse of process, or making an order under s 29 of the CP Act following a finding of contravention of an overarching obligation.
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