Making transfer applications to the Koori court – a resource for lawyers and advocates
In partnership with the Victorian Aboriginal Legal Service (VALS), we have created this legal resource to assist lawyers and advocates who represent Aboriginal Victorians in making transfer applications.
This resource has been developed following decisions in the Cemino v Cannan & Ors 2018 matter which involved Aboriginal Victorians and considered rights under the Charter of Human Rights and Responsibilities Act 2006 (the Charter).
VALS represented Mr Zayden Cemino in the Cemino v Cannan & Ors case, and the Commission intervened in its proceedings to make submissions regarding the operation and interpretation of relevant sections in the Charter.
About this case
The Cemino case considered the cultural rights of Aboriginal Victorians under the Charter in relation to transferring proceedings from the Magistrates’ Court to the Koori Court.
About this resource
Making transfer applications to the Koori court
This resource contains a flow chat helps you assess whether a proceeding can be transferred to the Koori Court. It also contains instructions on how to make an application of transfer for the Koori Court, and how to make an oral submission application.
The resource also provides guidance on how to prepare an oral submission, suggested responses to possible resistance that you may face, and what to do if your application is refused. A case note on Cemino vs Cannan  VSC 535 is provided.