Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p68
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 68/100)
Character Range: 282036–284791

(1), the transferring court may consider the following:
 (a) the public interest;
 (b) the financial value of the claim;
 (c) the complexity of the facts, legal issues, remedies and procedures involved;
 (d) whether the proceeding, if transferred, 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 for the class of 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.
 (6) Subrule (5) does not apply to:
 (a) a proceeding raising, or relying on, a cross‑vesting law in which a party objecting to the proceeding being heard in the transferring court applies to have the proceeding transferred to another court; or
 (b) the transfer of a proceeding under the Corporations Act 2001; or
 (c) a proceeding that must be transferred in accordance with a legislative provision.

9.06  Proceeding transferred between courts exercising family law jurisdiction—transfer of file
  If a proceeding is transferred under this Part, the Registry Manager of the transferring court 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 transferring court a copy of all orders made in the proceeding.

Part 9.4—Removal of proceedings from court of summary jurisdiction

9.07  Removal of proceedings from court of summary jurisdiction
 (1) This rule applies to the following courts when exercising jurisdiction under the Family Law Act:
 (a) the Federal Circuit and Family Court (Division 2);
 (b) a Family Court of a State;
 (c) the Supreme Court of a State or Territory.
 (2) The court may, on the application of a party or on its own initiative, order that a proceeding pending in a court of summary jurisdiction be removed to the court under subsection 46(3A) of the Family Law Act.
 (3) Unless the court otherwise orders, the application must be made by application supported by an affidavit or included in a response supported by an affidavit.
 (4) In deciding whether to remove a proceeding from a court under subsection 46(3A) of the Family Law Act, the court may consider the following:
 (a) the public interest;
 (b) the financial value of the claim;
 (c) the complexity of 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