Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:11_33b
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 11 cl 33B
Character Range: 45153–47157

33B  Discretionary transfer of proceedings to the Federal Magistrates Court

 (1) If a proceeding is pending in the Family Court, the Family Court may, by order, transfer the proceeding from the Family Court to the Federal Magistrates Court.

 (2) The Family Court may transfer a proceeding under subsection (1):
 (a) on the application of a party to the proceeding; or
 (b) on its own initiative.

 (3) The standard Rules of Court may make provision in relation to the transfer of proceedings to the Federal Magistrates Court under subsection (1).

 (4) In particular, the standard Rules of Court may set out factors that are to be taken into account by the Family Court in deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1).

 (5) Before standard Rules of Court are made for the purposes of subsection (3) or (4), the Family Court must consult the Federal Magistrates Court.

 (6) In deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1), the Family Court must have regard to:
 (a) any standard Rules of Court made for the purposes of subsection (4); and
 (b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and
 (c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and
 (d) the interests of the administration of justice.

 (7) If an order is made under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Magistrates Court.

 (8) An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).

 (9) The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.

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