Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 2   Jurisdiction of Norfolk Island courts

Division 3   Application, saving and transitional provisions

100   Transfer of Court of Petty Sessions jurisdiction - pending proceedings

Parties may apply to transfer proceedings

(1) After the judicial transition time, the parties to proceedings in a matter pending in the Court of Petty Sessions may apply to that court to transfer the proceedings to:

(a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of a court prescribed for the purposes of subitem 99(3) (the prescribed court ) - the prescribed court; or

(b) in any other case - the Supreme Court of the prescribed State or Territory.

Transfer to prescribed court of prescribed State or Territory

(2) If the Court of Petty Sessions decides that it is not contrary to the interests of justice to grant an application under paragraph (1)(a), the court must transfer the proceedings to the prescribed court.

(3) If the proceedings are so transferred:

(a) the prescribed court may hear and determine the proceedings; and

(b) all documents filed in the Court of Petty Sessions in the proceedings are to be transmitted to the prescribed court; and

(c) any money lodged with the Court of Petty Sessions in relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in relation to the proceedings; and

(d) everything done in or in relation to the proceedings in the Court of Petty Sessions is taken to have been done in the prescribed court.

Transfer to Supreme Court of the prescribed State or Territory

(4) If the Court of Petty Sessions decides that it is not contrary to the interests of justice to grant an application under paragraph (1)(b), the court must transfer the proceedings to the Supreme Court of the prescribed State or Territory.

(5) If the proceedings are so transferred:

(a) the Supreme Court of the prescribed State or Territory may hear and determine the proceedings; and

(b) all documents filed in the Court of Petty Sessions in the proceedings are to be transmitted to the Supreme Court of the prescribed State or Territory; and

(c) any money lodged with the Court of Petty Sessions in relation to the proceedings:

(i) is to be transferred to the Supreme Court of the prescribed State or Territory; and

(ii) is taken to be money lodged with the Supreme Court of the prescribed State or Territory in relation to the proceedings; and

(d) everything done in or in relation to the proceedings in the Court of Petty Sessions is taken to have been done in the Supreme Court of the prescribed State or Territory.