matter of the proceeding would be more appropriately dealt with by a tribunal (other than the Tribunal), a court or any other person or body.
It is certainly a matter that is appropriate to be dealt with elsewhere. And for these reasons, it is appropriate that the matter be struck out.
However [Mr Myers’] request includes a request to refer the proceeding. This “referral” is discretionary, and only occurs if it is appropriate to do so.
(4) If the Tribunal refers a mater to a court under subsection (3), the court may extend any limitation period that applies to the commencement of a proceeding in relation to that matter so as to allow the proceeding to be commenced and determined, if the court is satisfied that
Case Details
Citation[2024] VSC 772
CourtVSC
JurisdictionVictoria
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