Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p69
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 69/100)
Character Range: 284557–287319

the facts, legal issues, remedies and procedures involved;
 (d) whether the proceeding, if removed, is likely to be dealt with:
 (i) at less cost to the parties; or
 (ii) at more convenience to the parties; or
 (iii) earlier;
 (e) the availability of a judicial officer specialising in the type of proceeding to which the application relates;
 (f) the availability of particular procedures appropriate to the proceeding;
 (g) the adequacy of the available facilities, having regard to any disability of a party or witness, and any safety concerns;
 (h) the wishes of the parties.

9.08  Proceeding removed from court of summary jurisdiction—transfer of file
  If a proceeding is removed from a court of summary jurisdiction, the Registry Manager of the court of summary jurisdiction must:
 (a) send to the proper officer of the receiving court all documents filed and orders made in the proceeding; and
 (b) retain in the court of summary jurisdiction a copy of all orders made in the proceeding.

Part 9.5—Transfers to or from a State court: cross‑vesting

9.09  Application of Part 9.5
  This Part applies only to proceedings in the Federal Circuit and Family Court (Division 1).

9.10  Cross‑vesting matters
 (1) If a party filing an Initiating Application (Family Law) or a Response to Initiating Application (Family Law) relies on a cross‑vesting law, the party must specify, in the application or response, the particular State or Territory law on which the party relies.
 (2) A party relying on a cross‑vesting law after a proceeding has started must file an Application in a Proceeding seeking procedural orders in relation to the matter.
 (3) A party to whom subrule (1) or (2) applies must also file an affidavit stating:
 (a) that the claim is based on a particular State or Territory law and the reasons why the Federal Circuit and Family Court (Division 1) should deal with the claim; and
 (b) the rules of evidence and procedure (other than those of the Federal Circuit and Family Court (Division 1)) on which the party relies; and
 (c) if the proceeding involves a special federal matter—the grounds for claiming the matter involves a special federal matter.

9.11  Transfer of proceeding
  A party to a proceeding to which rule 9.10 applies may apply to have the proceeding transferred to another court by filing an Application in a Proceeding.
Note: An application under this rule must be listed for hearing by a Judge.

Chapter 10—Finalising a proceeding

Part 10.1—Discontinuing a proceeding

10.01  Application of Part 10.1
  In this Part:
application or response includes:
 (a) a part of an application or response; and
 (b) an order sought in an application or response; and
 (c) an application for a consent order when there is no