Document ID: chunk:federal_register_of_legislation:C2024C00864:section:44
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 44
Character Range: 42397–44223

44  Remittal of matters by High Court to other courts
 (1) Any matter other than a matter to which subsection (2) applies that is at any time pending in the High Court, whether originally commenced in the High Court or not, or any part of such a matter, may, upon the application of a party or of the High Court's own motion, be remitted by the High Court to any federal court, court of a State or court of a Territory that has jurisdiction with respect to the subject‑matter and the parties, and, subject to any directions of the High Court, further proceedings in the matter or in that part of the matter, as the case may be, shall be as directed by the court to which it is remitted.
 (2) Where a matter referred to in paragraph 38(a), (b), (c) or (d) is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court's own motion, remit the matter, or any part of the matter, to the Federal Court of Australia or any court of a State or Territory.
 (2A) Where a matter in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court's own motion, remit the matter, or any part of the matter, to the Federal Court of Australia.
 (3) Where the High Court remits a matter, or any part of a matter, under subsection (2) or (2A) to a court:
 (a) that court has jurisdiction in the matter, or in that part of the matter, as the case may be; and
 (b) subject to any directions of the High Court, further proceedings in the matter, or in that part of the matter, as the case may be, shall be as directed by that court.
 (4) The High Court may remit a matter, or any part of a matter, under this section without an oral hearing.