Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:11_33a
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 11 cl 33A
Character Range: 44346–45153

33A  Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Magistrates Court

 (1) Proceedings must not be instituted in the Family Court in respect of a matter if:
 (a) the Federal Magistrates Court has jurisdiction in that matter; and
 (b) proceedings in respect of an associated matter are pending in the Federal Magistrates Court.

 (2) Subsection (1) does not apply to proceedings instituted in the Family Court under Division 13A of Part VII or under Part XIIIA.

 (3) If:
 (a) proceedings are instituted in the Family Court in contravention of subsection (1); and
 (b) the proceedings are subsequently transferred to the Federal Magistrates Court;
the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.