Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p33
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 33/45)
Character Range: 734503–737366

courts must severally act in aid of, and be auxiliary to, each other in all those matters.

Subdivision 586‑C—Transfer of proceedings

586‑35  Transfer of proceedings by the Federal Court and State and Territory Supreme Courts
 (1) This section applies to a proceeding (the relevant proceeding) in a court (the transferor court) if:
 (a) the relevant proceeding is:
 (i) a proceeding with respect to a civil matter arising under the Aboriginal and Torres Strait Islander Corporations legislation; or
 (ii) a subsection 586‑5(3) proceeding; and
 (b) the transferor court is:
 (i) the Federal court; or
 (ii) a State or Territory Supreme Court.
 (2) Subject to subsections (3), (4) and (5), 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 transfer the relevant proceeding or application to that other court.
 (3) If:
 (a) the relevant proceeding is a subsection 586‑5(3) proceeding; and
 (b) the transferor court is a State or Territory Supreme Court;
the transferor court must transfer the relevant proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of that State or Territory that:
 (c) arises, or a substantial part of which arises, under the Aboriginal and Torres Strait Islander Corporations legislation; and
 (d) is not a subsection 586‑5(3) proceeding;
regardless of which proceeding was commenced first.
 (4) Even if subsection (3) does not require a State or Territory Supreme Court to transfer a subsection 586‑5(3) proceeding to the Federal Court, it may nevertheless do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same State or Territory.
 (5) If:
 (a) the relevant proceeding is a subsection 586‑5(3) proceeding in relation to a matter; and
 (b) the transferor court is the Federal Court;
the transferor court may only transfer the relevant proceeding, or an application in the relevant proceeding, to a State or Territory Supreme Court if:
 (c) the matter arises out of, or relates to, another proceeding pending in any court of that State or Territory that:
 (i) arises, or a substantial part of which arises, under the Aboriginal and Torres Strait Islander Corporations legislation; and
 (ii) is not a subsection 586‑5(3) proceeding;
  regardless of which proceeding was commenced first; and
 (d) the transferor court considers the transfer to be appropriate, having regard to the interests of justice, including the desirability of related