Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 2   Jurisdiction of Norfolk Island courts

Division 3   Application, saving and transitional provisions

97   Transfer of Supreme Court jurisdiction - pending proceedings

Parties may apply to transfer proceedings

(1) After the judicial transition time, the parties to proceedings in a matter pending in the Supreme Court of Norfolk Island may apply to that court to transfer the proceedings to:

(a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of a court prescribed for the purposes of subitem 96(4) (the prescribed court ) - the prescribed court; or

(b) in any other case - the Supreme Court of the prescribed State or Territory.

Transfer to prescribed court of prescribed State or Territory

(2) If the Supreme Court of Norfolk Island decides that it is not contrary to the interests of justice to grant an application under paragraph (1)(a), the Supreme Court must transfer the proceedings to the prescribed court.

(3) If the proceedings are so transferred:

(a) the prescribed court may hear and determine the proceedings; and

(b) all documents filed in the Supreme Court of Norfolk Island in the proceedings are to be transmitted to the prescribed court; and

(c) any money lodged with the Supreme Court of Norfolk Island in relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in relation to the proceedings; and

(d) everything done in or in relation to the proceedings in the Supreme Court of Norfolk Island is taken to have been done in the prescribed court.

Transfer to Supreme Court of prescribed State or Territory

(4) If the Supreme Court of Norfolk Island decides that it is not contrary to the interests of justice to grant an application under paragraph (1)(b), the Supreme Court must transfer the proceedings to the Supreme Court of the prescribed State or Territory.

(5) If the proceedings are so transferred:

(a) the Supreme Court of the prescribed State or Territory may hear and determine the proceedings; and

(b) all documents filed in the Supreme Court of Norfolk Island in the proceedings are to be transmitted to the Supreme Court of the prescribed State or Territory; and

(c) any money lodged with the Supreme Court of Norfolk Island in relation to the proceedings:

(i) is to be transferred to the Supreme Court of the prescribed State or Territory; and

(ii) is taken to be money lodged with the Supreme Court of the prescribed State or Territory in relation to the proceedings; and

(d) everything done in or in relation to the proceedings in the Supreme Court of Norfolk Island is taken to have been done in the Supreme Court of the prescribed State or Territory.