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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 [2018] VSC 535 is provided.



Level 3, 204 Lygon Street Carlton Victoria 3053

General enquiries

1300 891 848

Enquiry line
1300 292 153 or (03) 9032 3583

1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
0447 526 642

The Victorian Equal Opportunity and Human Rights Commission acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and deep connection to the land.

We acknowledge that the Commission is on the land of the Kulin Nation and pay our respects to Elders past and present.