Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_138c
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 138C
Character Range: 506394–507905

138C  Transfer of matters by the Federal Court

 (1) Subject to subsections (2) and (3), if:
 (a) a civil proceeding instituted by a person (other than the Commonwealth Minister or the Commission) is pending in the Federal Court; and
 (b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law;
the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the matter, and any other matter for determination in the proceeding, to a court of a State or a Territory.

 (2) The Federal Court must not transfer a matter to another court under subsection (1) unless:
 (a) the other court has power to grant the remedies sought before the Federal Court in the matter; and
 (b) it appears to the Federal Court that:
 (i) the matter arises out of, or is related to, a proceeding that is pending in the other court; or
 (ii) it is otherwise in the interests of justice that the matter be determined by the other court.

 (3) Subsection (1) does not apply in relation to a matter arising under:
 (a) Division 3 of Part 3‑1 of the Australian Consumer Law; or
 (b) Part 3‑5 of the Australian Consumer Law.

 (4) If the Federal Court transfers a matter to another court under subsection (1):
 (a) further proceedings in the matter must be as directed by the other court; and
 (b) the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.