LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Magistrates Court Victoria - Jurisdiction Issue?

Discussion in 'Other/General Law Forum' started by leighcoleman2, 16 June 2015.

  1. leighcoleman2

    leighcoleman2 Active Member

    Joined:
    14 June 2015
    Messages:
    6
    Likes Received:
    0
    We have an oral contract entered into and performed in Victoria. Terms are disputed.
    The creditor has moved to Perth and is threatening to sue me in Perth. I am still based in Melbourne.

    It seems that they should sue in the Magistrates Court Victoria as work performed, money claimed as loan, all occurred in Victoria not in Perth.
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi there,

    Both are possible jurisdictions. However, Victoria does appear to be more suitable. If they initiate action in Perth, you can lodge an application to dispute the jurisdiction and ask the court to transfer the matter to Melbourne.
     

Share This Page

Loading...