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VIC Oral Contract Dispute - Jurisdiction of Magistrates Court?

Discussion in 'Commercial Law Forum' started by leighcoleman2, 14 June 2015.

  1. leighcoleman2

    leighcoleman2 Active Member

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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.
     
  2. Victoria S

    Victoria S Well-Known Member

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    Did they end up bringing legal action against you in the Perth Magistrates Court?
     
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  3. leighcoleman2

    leighcoleman2 Active Member

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    Yes, they issued complaint without of of lawyer
     
  4. leighcoleman2

    leighcoleman2 Active Member

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  5. Rod

    Rod Well-Known Member

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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.
     
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  6. leighcoleman2

    leighcoleman2 Active Member

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    Do you agree that the Perth court does not have jurisdiction?
     
  7. leighcoleman2

    leighcoleman2 Active Member

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    Thanks for your reply
     
  8. Rod

    Rod Well-Known Member

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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.
     
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