Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p35
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 35/45)
Character Range: 739668–742430

to, another proceeding pending in another court that is:
 (i) the Federal Circuit and Family Court of Australia (Division 1); or
 (ii) a State Family Court;
  and that has jurisdiction under section 586‑10 in the matters for determination in the relevant proceeding and that the other court is the most appropriate court to determine the relevant proceeding; or
 (b) that it is otherwise in the interests of justice that the relevant proceeding be determined by another court that is:
 (i) the Federal Circuit and Family Court of Australia (Division 1); or
 (ii) a State Family Court;
  and that has jurisdiction under section 586‑10 in the matters for determination in the relevant proceeding;
the transferor court must transfer the relevant proceeding to the other court.
 (4) If:
 (a) the transferor court transfers the relevant proceeding to another court; and
 (b) it appears to the transferor court that:
 (i) there is another proceeding pending in the transferor court that arises out of, or is related to, the relevant proceeding; and
 (ii) it is in the interests of justice that the other court also determine the other proceeding;
the transferor court must also transfer the other proceeding to the other court.
 (5) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

586‑45  Transfer of proceedings in lower courts
 (1) 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 Aboriginal and Torres Strait Islander Corporations legislation; and
 (b) the transferor court is a lower court of a State or Territory.
 (2) 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.
 (3) If the other court is also a lower court, the transferor court may transfer the relevant proceeding or application to the other court.
 (4) If the other court is a superior court, the transferor court may:
 (a) transfer the relevant proceeding or application to the Supreme Court of the State or Territory of which the transferor court is a court; and
 (b) recommend that the relevant proceeding or application be transferred by the Supreme Court to the other court.
 (5) The 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