Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p17
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 17/212)
Character Range: 47849–50536

a single Judge of the Federal Court to the Full Court of the Supreme Court of a State or Territory.

"(2) An appeal may not be instituted from a decision of a single Judge of the Supreme Court of a State or the Capital Territory to the Full Court of the Supreme Court of another jurisdiction.

"(3) An appeal may not be instituted from a decision of a single Judge of the Supreme Court of a State to the Full Court of the Federal Court.

Transfer of proceedings

"53. (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of the Capital Territory in a court having jurisdiction under section 51.

"(2) Where it appears to the court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court having jurisdiction in the matters for determination in the proceeding or application, the first-mentioned court may transfer the proceeding or application to that other court.

"(3) In deciding whether to transfer a proceeding or application under subsection (2), the court must have regard to:

     (a) the principal place of business of any body corporate concerned in the proceeding or application; and

     (b) the place or places where the events the subject of the proceeding or application took place.

  "(4) The court may transfer the proceeding or application:

  (a) on the application of a party made at any stage; or

  (b) of the court's own motion.

"(5) Where, under subsection (2), a court transfers a proceeding, or an application in a proceeding, to another court:

     (a) the Registrar or other proper officer of the first-mentioned court must transmit to the Registrar or other proper officer of the other court all documents filed in the first-mentioned court in respect of the proceeding or application, as the case may be; and

  (b) the other court must proceed as if:

         (i) the proceeding had been originally instituted in the other court; and

         (ii) the same proceedings had been taken in the other court as were taken in the first-mentioned court; and

         (iii) in a case where an application is transferred—the application had been made in the other court.

Conduct of proceedings

"54. (1) Subject to sections 60 and 61, where it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction, the rules of evidence and procedure to be applied in dealing with that matter are to be such as the court considers appropriate in the circumstances, being rules that are applied in a superior