Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:12_32ab
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 12 cl 32AB
Character Range: 70789–72685

32AB  Discretionary transfer of proceedings to the Federal Magistrates Court

 (1) If a proceeding is pending in the Court, the Court may, by order, transfer the proceeding from the Court to the Federal Magistrates Court.

 (2) The Court may transfer a proceeding under subsection (1):
 (a) on the application of a party to the proceeding; or
 (b) on its own initiative.

 (3) The Rules of Court may make provision in relation to transfers of proceedings to the Federal Magistrates Court under subsection (1).

 (4) In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1).

 (5) Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Magistrates Court.

 (6) In deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1), the Court must have regard to:
 (a) any Rules of Court made for the purposes of subsection (4); and
 (b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and
 (c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and
 (d) the interests of the administration of justice.

 (7) If an order is made under subsection (1), the Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Magistrates Court.

 (8) An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under subsection (1).

 (9) The reference in subsection (1) to a proceeding pending in the Court includes a reference to a proceeding that was instituted in contravention of section 32AA.

 (10) This section does not apply to proceedings of a kind specified in the regulations.