21 September 2017
Magistrates' Court - Commencement of proceedings - Proper venue
Magistrates’ Court motor vehicle accident damage. Complainant resides in Echuca, defendant resides in Tatura, collision occurred in Shepparton. Which court? Shepparton or Echuca?
Thank you for the question.
This is at the election of the complainant on commencing proceedings. The defendant can object and seek to have the matter transferred to another venue. See reg 47.01 of the Magistrates' Court General Civil Procedure Rules 2010.
When filing, there is a general requirement for proceedings to be filed in the 'proper venue'. This is the registry closest to the place where the subject matter of the claim arose or the defendant’s residence. The closest registry can be found on the Magistrates’ Court website.
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