Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:3_61
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 3 cl 61
Character Range: 28964–30257

61  Subparagraph 5(4)(b)(ii)
Repeal the subparagraph, substitute:
 (ii) having regard to:
 (A) whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been incapable of being instituted in that court, apart from this Act and any law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and
 (B) whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been capable of being instituted in the Supreme Court of a State or Territory, apart from this Act and any law of a State or Territory relating to cross‑vesting of jurisdiction; and
 (C) the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State or Territory referred to in sub‑subparagraph (B) and not within the jurisdiction of the first court apart from this Act and any law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and
 (D) the interests of justice;
  it is more appropriate that the relevant proceeding be determined by that Supreme Court; or