Document ID: chunk:federal_register_of_legislation:C2024C00719:section:211
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 211
Character Range: 357146–358865

211  Exercise of transfer power

General rule
 (1) If section 212 (which deals with the criteria for transfers) is satisfied, the transferring court may transfer to the receiving court:
 (a) the transfer matter; and
 (b) if the transferring court considers it necessary or convenient—any related application (or all related applications) in the proceeding.

Cross‑jurisdictional transfers between lower courts and superior courts
 (2) However, if the transferring court is a lower court, and the transferring court considers that section 212 is satisfied in relation to the transfer of a matter mentioned in subsection (1) of this section to a receiving court that is a superior court other than the relevant superior court:
 (a) the transferring court does not have the power to transfer the matter to that receiving court; but
 (b) the transferring court may:
 (i) transfer the matter to the relevant superior court; and
 (ii) give the relevant superior court a recommendation that the matter be transferred to that receiving court by the relevant superior court.
 (3) In this Act:
lower court means:
 (a) the Federal Circuit and Family Court of Australia (Division 2); or
 (b) a court of a State or Territory that is not a superior court.
relevant superior court, in relation to a lower court, means:
 (a) if the lower court is the Federal Circuit and Family Court of Australia (Division 2)—the Federal Court; or
 (b) if the lower court is a court of a State or Territory—the Supreme Court of the State or Territory.
superior court means:
 (a) the Federal Court; or
 (aa) the Federal Circuit and Family Court of Australia (Division 1); or
 (b) a Supreme Court of a State or Territory; or
 (d) a State Family Court.