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 192   TRANSFERS - EXERCISE OF TRANSFER POWER  
General rule

192(1)    
If section 193 (which deals with the criteria for transfers) is satisfied, the transferring court may transfer to the receiving court:

(a) the transfer matter; and

(b) if the transferring court considers it necessary or convenient - any related application (or all related applications) in the proceedings.

Cross-jurisdictional transfers between lower courts and superior courts

192(2)    
However, if the transferring court is a lower court, and the transferring court considers that section 193 is satisfied in relation to the transfer of a matter referred to in subsection (1) of this section to a receiving court that is a superior court other than the relevant superior court:

(a) the transferring court does not have the power to transfer the matter to that receiving court; but

(b) the transferring court may:

(i) transfer the matter to the relevant superior court; and

(ii) give the relevant superior court a recommendation that the matter be transferred to that receiving court by the relevant superior court.