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 586-65   CONDUCT OF PROCEEDINGS  

586-65(1)    
Subject to sections 586-80 , 586-85 and 586-90 , if it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising jurisdiction to which subsection (3) applies, the rules of evidence and procedure to be applied in dealing with that matter are to be the rules that:

(a)    are applied in a superior court in Australia or in an external Territory; and

(b)    the court considers appropriate to be applied in the circumstances.

586-65(2)    
If a proceeding is transferred or removed to a court (the transferee court ) from another court (the transferor court ), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.

586-65(3)    
This subsection applies to:

(a)    

jurisdiction conferred on the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 1) with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation; and

(b)    jurisdiction conferred on a court of a State, the Australian Capital Territory or the Northern Territory with respect to matters referred to in subsection 586-5(3) .