Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS  

Division 1 - Civil jurisdiction  

Subdivision C - Transfer of proceedings  

SECTION 1337J   TRANSFER OF PROCEEDINGS BY FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) AND STATE FAMILY COURTS  

1337J(1)    
This section applies to a proceeding (the relevant proceeding ) in a court (the transferor court ) if:

(a)    the relevant proceeding is with respect to a civil matter arising under the Corporations legislation; and

(b)    

the transferor court is:

(i) the Federal Circuit and Family Court of Australia (Division 1); or

(ii) a State Family Court.

1337J(2)    
If it appears to the transferor court:

(a)    that the relevant proceeding arises out of, or is related to, another proceeding pending in:

(i) the Federal Court; or

(ii) another State or Territory court;

and that the court in which the other proceeding is pending is the most appropriate court to determine the relevant proceeding; or

(b)    that having regard to:

(i) whether, in the transferor court ' s opinion, apart from this Division, the relevant proceeding, or a substantial part of it, would have been incapable of being instituted in the transferor court; and

(ii) the extent to which, in the transferor court ' s opinion, the matters for determination in the relevant proceeding are matters not within the transferor court ' s jurisdiction apart from this Division; and

(iii) the interests of justice;

the Federal Court, or another State or Territory court, is the most appropriate court to determine the relevant proceeding; or

(c)    that it is otherwise in the interests of justice that the Federal Court, or another State or Territory court, determine the relevant proceeding;

the transferor court must transfer the relevant proceeding to the Federal Court or to that other court.

1337J(3)    
Subject to subsection (2) , if it appears to the transferor court:

(a)    

that the relevant proceeding arises out of, or is related to, another proceeding pending in another court that is:

(i) the Federal Circuit and Family Court of Australia (Division 1); or

(ii) a State Family Court;

and that has jurisdiction under section 1337C in the matters for determination in the relevant proceeding and that the other court is the most appropriate court to determine the relevant proceeding; or

(b)    

that it is otherwise in the interests of justice that the relevant proceeding be determined by another court that is:

(i) the Federal Circuit and Family Court of Australia (Division 1); or

(ii) a State Family Court;

and that has jurisdiction under section 1337C in the matters for determination in the relevant proceeding;

the transferor court must transfer the relevant proceeding to the other court.

1337J(4)    
If:

(a)    the transferor court transfers the relevant proceeding to another court; and

(b)    it appears to the transferor court that:

(i) there is another proceeding pending in the transferor court that arises out of, or is related to, the relevant proceeding; and

(ii) it is in the interests of justice that the other court also determine the other proceeding;

the transferor court must also transfer the other proceeding to the other court.

1337J(5)    
Nothing in this section confers on a court jurisdiction that the court would not otherwise have.