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Act index » Part 5 - Civil proceedings » Division 1 - Jurisdiction
100 Extent of jurisdiction10
(1)The Court has jurisdiction, subject to subsection (2)—
(a)to hear and determine any cause of action for damages or a debt or a liquidated demand if the amount claimed is within the jurisdictional limit; and
(b)to hear and determine any claim for equitable relief if the value of the relief sought is within the jurisdictional limit; and
S. 100(6)(b) amended by No. 35/1996 s. 453(Sch. 1 item 53.3).
(c)to hear and determine, with the consent in writing of the parties—
(i)any cause of action for damages or a debt or a liquidated demand, irrespective of the amount claimed; and
(ii)any claim for equitable relief, irrespective of the value of the relief sought; and
(d)to hear and determine any other cause of action if the Court is given jurisdiction to do so by or under any Act other than this Act.
(2)The Court does not have jurisdiction in any cause of action—
(a)in which the effect of, or the validity or invalidity of, any act, matter or thing done or omitted to be done by any person or body whatsoever in the exercise or purported exercise of any power or duty conferred or imposed on that person or body or purportedly conferred or imposed on that person or body by or under—is sought to be determined or declared; or
(i)any royal prerogative; or
(ii)any statute—
(b)in the nature of a proceeding for a prerogative writ; or
(c)brought on a judgment of the Supreme Court or the County Court.
(2A)The jurisdictional limit does not apply to any question or matter that the Court has jurisdiction to determine arising out of any of the following—
(3)For the purpose of determining in a proceeding involving property whether the amount claimed or the value of the relief sought is within the jurisdictional limit, a certificate which purports to have been issued by a valuer and which purports to state the value of the property as at a particular date is admissible in evidence and, in the absence of evidence to the contrary, is proof of the value of the property as at that date.
(4)The Court does not cease to have jurisdiction in respect of a cause of action because—
(a)part of the cause of action arose outside Victoria—if a material part of it arose in Victoria; or
(b)the whole cause of action arose outside Victoria—if the defendant resided within Victoria at the time of being served with the complaint.
(5)A minor may bring a proceeding in the Court for the recovery of money payable to the minor under a contract of service or a contract for services as if the minor were of full age.
(6)A party to a civil proceeding (including an arbitration) may appear—
(c)in the case of a cause of action for a debt or a liquidated demand, by a person in the exclusive employment of the party who is authorised in writing to appear for the party.
(7)Every judgment debt carries interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 from the time the order was made.
(8)Payment of the interest may be enforced by a warrant to seize property.
S. 100(8) substituted by No. 34/1990 s. 4(Sch. 3 item 11).
(9)The amount of the interest must be stated in the body of the warrant.
S. 100(9) inserted by No. 34/1990 s. 4(Sch. 3 item 11).