Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p37
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 37/45)
Character Range: 744653–747445

exercising jurisdiction to which subsection (3) applies, the rules of evidence and procedure to be applied in dealing with that matter are to be the rules that:
 (a) are applied in a superior court in Australia or in an external Territory; and
 (b) the court considers appropriate to be applied in the circumstances.
 (2) If a proceeding is transferred or removed to a court (the transferee court) from another court (the transferor court), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.
 (3) This subsection applies to:
 (a) jurisdiction conferred on the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 1) with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation; and
 (b) jurisdiction conferred on a court of a State, the Australian Capital Territory or the Northern Territory with respect to matters referred to in subsection 586‑5(3).

586‑70  Rights of appearance
 (1) This section applies if a proceeding (the transferred proceeding) in a court (the transferor court) is transferred to another court (the transferee court) under this Division.
 (2) A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in the transferor court has the same entitlements to practise in relation to:
 (a) the transferred proceeding; and
 (b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;
in the transferee court that the person would have if the transferee court were a federal court exercising federal jurisdiction.

586‑75  Limitation on appeals
  An appeal does not lie from a decision of a court:
 (a) in relation to the transfer of a proceeding under this Division; or
 (b) as to which rules of evidence and procedure are to be applied pursuant to subsection 586‑65(1).

Subdivision 586‑D—Rules of court

586‑80  Rules of the Federal Court
  The power to make rules of court conferred by section 59 of the Federal Court of Australia Act 1976 extends to making rules of court:
 (a) with respect to proceedings, and the practice and procedure, of the Federal Court of Australia under the Aboriginal and Torres Strait Islander Corporations legislation; and
 (b) with respect to any matter or thing that is:
 (i) required or permitted by the Aboriginal and Torres Strait Islander Corporations legislation to be prescribed by rules within the meaning