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 191   TRANSFERS - APPLICATION OF SUBDIVISION  
Scope of Subdivision

191(1)    
This Subdivision applies if all the following conditions are satisfied:

(a)    proceedings in relation to a civil matter arising under this Act are pending, or have come, before a court (the transferring court ) on which jurisdiction is conferred under this Division in relation to the matter;

(b)    jurisdiction is also conferred on another court (the receiving court ) under this Division in relation to either of the following (the transfer matter ):

(i) the entire proceedings;

(ii) an application in the proceedings;

(c)    the receiving court has the power to grant the remedies sought before the transferring court in relation to the transfer matter.

Transfers to which other legislation applies

191(2)    

This Subdivision does not apply to a transfer between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2), except as provided by paragraph 192(2)(b) .

Note 1:

Paragraph 192(2)(b) gives the Federal Circuit and Family Court of Australia (Division 2) the power to transfer a matter to the Federal Court with a recommendation that the Federal Court transfer the matter to another superior court.

Note 2:

For transfers from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2): see section 32AB of the Federal Court of Australia Act 1976 .

Note 3:

For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976 .