Transfer of proceedings between Small Claims Division and General Division: complexity, difficulty or importance of matters in dispute
2.3 Transfer of proceedings between Small Claims Division and General Division: complexity, difficulty or importance of matters in dispute
The Court may, on the application of a party or of its own motion, transfer proceedings from the Court’s Small Claims Division to the Court’s General Division if, at any time before judgment is given, the Court is of the opinion that the matters in dispute are so complex or difficult, or are of such importance, that the proceedings ought more properly to be heard in the Court’s General Division.
The Court may, on the application of a party or of its own motion, transfer proceedings from the Court’s General Division to the Court’s Small Claims Division if, at any time before judgment is given, the Court is of the opinion that—
any complex, difficult or important issues have been resolved, in whole or in part, or
it is appropriate to do so.
The Court may, on the application of a party or of its own motion, transfer proceedings that have been transferred to the Court’s General Division under subrule (1) back to its Small Claims Division if the Court considers it appropriate to do so.
An application for proceedings to be transferred under this rule may not be made by a party to the proceedings later than 28 days before the day fixed for the trial of the proceedings.
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