Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p25
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 59857–62406

party, even if it is alleged that the effect would be to substitute a new party, if:
 (a) the Court considers it appropriate; and
 (b) the Court is satisfied that the mistake sought to be corrected was genuine and was not misleading or such as to cause reasonable doubt as to the identity of the party.
 (3) The Court may give leave to make an amendment changing the capacity in which a party seeks orders (whether as applicant or respondent by counterclaim) if:
 (a) the Court considers it appropriate; and
 (b) the capacity in which the party will seek orders is one in which, at the time the proceeding was started by the party, the party might have sought orders.
 (4) The Court may give leave to make an amendment even if the effect is to include a new cause of action, if:
 (a) the Court considers it appropriate; and
 (b) the new cause of action arises out of the same, or substantially the same, facts as a cause of action for which relief has already been claimed in the proceeding by the party seeking leave to amend.

Part 8—Transfer of proceedings

8.01  Change of venue
 (1) A party who files an application or a response in a proceeding may apply to have the proceeding heard in another registry of the Court.
 (2) In considering an application, the Court must have regard to:
 (a) the convenience of the parties; and
 (b) the limiting of expense and the cost of the proceeding; and
 (c) whether the matter has been listed for final hearing; and
 (d) any other relevant matter.

8.02  Transfer to Federal Court
 (1) Unless the Court otherwise orders, an application under paragraph 153(2)(a) of the Act to transfer a proceeding from the Court to the Federal Court must:
 (a) be made on or before the first court date for the proceeding; and
 (b) be included in an application or a response in accordance with the approved form; and
 (c) be supported by an affidavit.
Note: Subsection 153(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Court and is not a family law or child support proceeding to the Federal Court. Subsection 153(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.
 (4) In addition to the factors to which the Court must have regard under subsection 153(3) of the Act in deciding whether to transfer a proceeding to the Federal Court, the Court must take the following factors into account:
 (a) whether the proceeding is likely to involve questions of general importance, such