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 586-45   TRANSFER OF PROCEEDINGS IN LOWER COURTS  

586-45(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 a lower court of a State or Territory.

586-45(2)    
If it appears to the transferor court that, having regard to the interests of justice, it is more appropriate for:

(a)    the relevant proceeding; or

(b)    an application in the relevant proceeding;

to be determined by another court that has jurisdiction in the matters for determination in the relevant proceeding or application, the transferor court may take action under whichever of subsections (3) and (4) applies.

586-45(3)    
If the other court is also a lower court, the transferor court may transfer the relevant proceeding or application to the other court.

586-45(4)    
If the other court is a superior court, the transferor court may:

(a)    transfer the relevant proceeding or application to the Supreme Court of the State or Territory of which the transferor court is a court; and

(b)    recommend that the relevant proceeding or application be transferred by the Supreme Court to the other court.

586-45(5)    
The Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide:

(a)    to deal with the relevant proceeding or application itself; or

(b)    to transfer the relevant proceeding or application to some other court (which could be the transferor court).

586-45(6)    
Nothing in this section allows the Supreme Court to transfer the relevant proceeding or application to another court otherwise than in accordance with section 586-35 and the other requirements of this Division.

586-45(7)    
Nothing in this section confers on a court jurisdiction that the court would not otherwise have.