Conduct of proceedings
45 Conduct of proceedings
S. 45(1) amended by No. 61/1991 s. 12(a).
Subject to sections 51, 52 and 52A, where it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction the rules of evidence and procedure to be applied in dealing with the matter are to be such as the court considers appropriate in the circumstances, being rules that are applied in a superior court in Australia or in an external Territory.
Where a proceeding is transferred or removed to a court (in this subsection called the transferee court) from another court (in this subsection called the transferor court), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.
In this section—
S. 45(3) def. of relevant jurisdiction amended by Nos 61/1991 s. 12(b)(c)(i)(ii) (d), 12/1995 s. 8(e)(i)(ii), 22/2000 s. 18(1)(a)(b).
relevant jurisdiction means—
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jurisdiction conferred on a court of Victoria with respect to civil matters arising under the Corporations Law of another State or the Capital Territory; or
jurisdiction conferred on a court of another State or the Capital Territory with respect to civil matters arising under the Corporations Law of Victoria; or
jurisdiction conferred on a court of a State or the Capital Territory with respect to matters referred to in section 42(1A).
S. 46 amended by Nos 12/1995 s. 8(f), 22/2000 s. 18(1)(c).
This Act’s bill:Second reading speech
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