VIC Oral Contract Dispute - Jurisdiction of Magistrates Court?

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leighcoleman2

Active Member
14 June 2015
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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 a Victorian Magistrates court as work performed, money claimed as loan, all occurred in Victoria not in Perth.
 

Victoria S

Well-Known Member
9 April 2014
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Did they end up bringing legal action against you in the Perth Magistrates Court?
 

Rod

Lawyer
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27 May 2014
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Call/write to the court saying they do not have jurisdiction and see how you go. Ask them for the form you need to fill in to dispute jurisdiction.
 

Rod

Lawyer
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27 May 2014
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Hard for me to give a definitive answer:

I. I'm not a lawyer
2. I'm not in WA
3. I've not seen the claim

You do not incur a penalty by talking to the court :)

Give them a call and see what they say. They cannot and will not comment on the case itself but they will discuss court procedures. Keep in mind though that some court staff do not have a lot of knowledge.