Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 14 - COURTS AND PROCEEDINGS  

PART 14-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 586 - Civil jurisdiction  

Subdivision 586-C - Transfer of proceedings  

SECTION 586-40   TRANSFER OF PROCEEDINGS BY THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) AND STATE FAMILY COURTS  

586-40(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 Aboriginal and Torres Strait Islander 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.

586-40(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.

586-40(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 586-10 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 586-10 in the matters for determination in the relevant proceeding;

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

586-40(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.

586-40(5)    
Nothing in this section confers on a court jurisdiction that the court would not otherwise have.