Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:11_45a
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 11 cl 45A
Character Range: 51834–53779

45A  Transfer of property proceedings from the Federal Magistrates Court—value exceeds $300,000

 (1) If:
 (a) proceedings are instituted in the Federal Magistrates Court in relation to property of a total value exceeding:
 (i) $300,000; or
 (ii) if another amount is specified in the regulations—that other amount; and
 (b) the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application;
the Federal Magistrates Court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court is required to transfer the proceedings to the Family Court.

 (2) If the parties do not consent to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court must transfer the proceedings accordingly.

 (3) If the parties consent to the Federal Magistrates Court hearing and determining the proceedings, a party is not entitled subsequently to object to the proceedings being heard and determined by the Federal Magistrates Court.

 (4) A reference in subsection (1) to proceedings in relation to property does not include a reference to proceedings with respect to arrears of maintenance.

 (5) In determining the value of any property for the purposes of subsection (1), any mortgage, lien, charge or other security over the property is to be disregarded.

 (6) Before transferring proceedings under this section, the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceedings by the Family Court.

 (7) Failure by the Federal Magistrates Court to comply with this section does not invalidate any order of the Federal Magistrates Court in the proceedings.

 (8) This section does not apply to proceedings under Part XIIIA.