Document ID: chunk:federal_register_of_legislation:C2015C00250:section:9
Version: federal_register_of_legislation:C2015C00250
Segment Type: section
Provision Reference: s 9
Character Range: 5064–6418

9  Applications to the Court under the applied provisions
 (1) Where a claim is made, or is expected to be made, against a person in respect of any liability of the person that may be limited under the applied provisions, the person may apply:
 (a) where a claim has been made against the person in proceedings in the Supreme Court of a State or Territory—to that Court; or
 (b) in any other case—to the Supreme Court of any State or Territory;
to determine the limit of that liability under the applied provisions, and the Court may determine that limit.
 (2) In making the determination, the Court may make any order with respect to the constitution, administration and distribution, in accordance with the applied provisions, of a limitation fund in respect of claims subject to the limitation.
 (3) The Court may, at any stage of the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.
 (4) Where proceedings are transferred from a Court to another Court:
 (a) all documents filed of record, and moneys lodged, in the first‑mentioned Court shall be transmitted to the other Court; and
 (b) the other Court shall proceed as if the proceedings had been instituted and pursued in that Court.
 (5) This section does not exclude or limit the operation of section 25 of the Admiralty Act 1988.