National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 2 - Civil proceedings  

Subdivision C - Transfers between courts  

SECTION 193   TRANSFERS - CRITERIA FOR TRANSFER  
General

193(1)    
The transferring court may make a transfer under section 192 only if it appears to the transferring court, taking into account the considerations covered by subsection (2) of this section, that:

(a) the transfer matter arises out of, or is related to, other proceedings pending, or that have come, before the receiving court; or

(b) it is otherwise in the interests of justice that the transfer matter be determined by the receiving court.

Relevant considerations

193(2)    
The considerations covered by this subsection include the following:

(a) the principal location, or place of business, of the parties in relation to the transfer matter;

(b) where the event (or events) that are the subject of the transfer matter took place;

(c) if the transfer matter involves secured real property - the jurisdiction in which the real property is located;

(d) the desirability of related proceedings being heard in the same State or Territory;

(e) any relevant recommendation received under subsection 192(2) ;

(f) the suitability (taking into account the considerations referred to in paragraphs (a) to (e) and any other consideration) of having the transfer matter determined by the receiving court.