Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS  

Division 1 - Civil jurisdiction  

Subdivision C - Transfer of proceedings  

SECTION 1337K   TRANSFER OF PROCEEDINGS IN LOWER COURTS  

1337K(1)   [ Application]  

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 Corporations legislation; and

(b) the transferor court is a lower court of a State or Territory.

1337K(2)   [ Transfer to another court]  

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.

1337K(3)   [ Transfer to another lower court]  

If the other court is also a lower court, the transferor court may transfer the relevant proceeding or application to the other court.

1337K(4)   [ Transfer to superior court]  

If the other court is a superior court, the transferor court may:

(a) transfer the relevant proceeding or application to the relevant Supreme Court; and

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

1337K(5)   [ Supreme Court discretion as to recommendation by lower court]  

The relevant 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).

1337K(6)   [ Operation of section]  

Nothing in this section allows the relevant Supreme Court to transfer the relevant proceeding or application to another court otherwise than in accordance with section 1337H and the other requirements of this Division.

1337K(7)   [ No extra jurisdiction]  

Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

1337K(8)   [ ``relevant Supreme Court'']  

In this section:

relevant Supreme Court
means the Supreme Court of the State or Territory of which the transferor court is a court.