Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p41
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 41/154)
Character Range: 313474–316108

transferring the proceeding.

27.03  Order transferring proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court must be filed in the Federal Circuit and Family Court of Australia (Division 2)
 (1) This rule applies if the Court makes an order:
 (a) under subsection 32AC(1) of the Act transferring a proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court; or
 (b) under subsection 32AD(1) of the Act confirming the transfer of a proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court.
 (2) If the order was made on the application of a party to the proceeding, the party must file a sealed copy of the order in the Federal Circuit and Family Court of Australia (Division 2).
 (3) If the order was made on the Court's own initiative, the applicant in the proceeding must file a sealed copy of the order in the Federal Circuit and Family Court of Australia (Division 2).
Rules 27.04–27.20 left blank

Division 27.3—Cross‑vesting

27.21  Transfer of proceeding from the Court
  A party may apply to the Court for an order that a proceeding be transferred to another court.
Note 1: Applications may be made under the Jurisdiction of Courts (Cross‑vesting) Act 1987.
Note 2: If the Court orders that a proceeding be transferred to another court, a Registrar will send each document filed, and any orders made, in the proceeding to the appropriate officer of the other court.

27.22  Application by Attorney‑General for transfer of proceeding from the Court
  If an application for transfer of a proceeding from the Court is made by the Attorney‑General, or by the Attorney‑General of a State or Territory, the Attorney‑General does not, because of the application, become a party to the proceeding in relation to which the application is made.

27.23  Transfer of proceeding to the Court
 (1) If a court makes an order transferring a proceeding to the Court, the party who applied for the order must file a copy of the order in:
 (a) the District Registry named in the order;
 (b) if no District Registry is name named in the order—the District Registry of the State or Territory where the order was made.
 (2) A Registrar will attach a notice to the order, in accordance with Form 49.
 (3) The party who files the order must serve a sealed copy of the order, and the notice that has been attached by the Registrar, on each party to the proceeding in the court that has made the order transferring the proceeding:
 (a) at the party's address for service; or
 (b) if the party does not have an address for service—personally.
 (4)