Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (13 of 2021)

Schedule 1   Amendments relating to the Federal Circuit and Family Court of Australia

Part 1   Amendments

Federal Court of Australia Act 1976

220   After section 32AB

Insert:

32AC Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2)

(1) If:

(a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and

(b) the proceeding is not a family law or child support proceeding;

the Court may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court.

(2) The Court may transfer a proceeding:

(a) on the application of a party to the proceeding; or

(b) on its own initiative.

(3) The Rules of Court may make provision in relation to transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) under this section.

(4) In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2).

(5) Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Circuit and Family Court of Australia (Division 2).

(6) In deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2), the Court must have regard to:

(a) any Rules of Court made for the purposes of subsection (4); and

(b) whether proceedings in respect of an associated matter are pending in the Court; and

(c) whether the resources of the Court are sufficient to hear and determine the proceeding; and

(d) the interests of the administration of justice.

(7) An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under this section.

(8) The Court has jurisdiction in a matter that:

(a) is the subject of a proceeding transferred to the Court under this section; and

(b) is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court's jurisdiction under this subsection is not subject to limits set by another provision.

(9) This section does not apply to criminal proceedings.

(10) This section does not apply to proceedings of a kind specified in the regulations.

32AD Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2)

(1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order under subsection 153(1) of the Federal Circuit and Family Court of Australia Act 2021 transferring a proceeding to the Court, the Court may, by order, confirm the transfer of the proceeding to the Court.

Note: The transfer of a proceeding takes effect on the day the Court makes an order under this section in relation to the proceeding: see subsection 153(4) of the Federal Circuit and Family Court of Australia Act 2021.

(2) The Court may, in its discretion, receive further evidence to decide whether to make an order under subsection (1). Such evidence may be taken in any of the ways mentioned in section 27.

(3) The Court has jurisdiction in a matter that:

(a) is the subject of a proceeding transferred to the Court by the Federal Circuit and Family Court of Australia (Division 2); and

(b) is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court's jurisdiction under this subsection is not subject to limits set by another provision.

(4) An appeal does not lie from a decision of the Court in relation to an order made under subsection (1) confirming the transfer of a proceeding.