Victorian Current Acts

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Proceedings of Tribunal not justiciable

    (1)     Subject to this section, if an application is made to or proceedings are before the Tribunal, the issue concerned is not justiciable at any time before a court or person acting judicially other than the Supreme Court or the Tribunal except—

        (a)     in proceedings instituted before the application to the Tribunal was made or proceedings commenced; or

        (b)     if the application and proceedings have been withdrawn; or

        (c)     in proceedings for an offence.

    (2)     Subsection (1) applies whether the issue is shown in the application or emerges in the course of proceedings.

    (3)     The Tribunal must not determine an issue in an application or proceedings if a civil proceeding in respect of the issue was instituted before a court or person acting judicially before the application to or proceedings before the Tribunal unless the civil proceeding has been discontinued.

Pt 11 Div. 3 (Heading) substituted by No. 52/1998
s. 238(f).

Division 3—Who may apply to Tribunal?

Ss 449–451 repealed by No. 52/1998
s. 238(g).

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