Document ID: chunk:federal_register_of_legislation:C2022C00080:section:28:p1
Version: federal_register_of_legislation:C2022C00080
Segment Type: section
Provision Reference: s 28 (pt 1/2)
Character Range: 29826–32358

28  Remittal
 (1) Where a proceeding commenced under this Act as an action in rem against a ship or other property is pending in the Federal Court or in the Supreme Court of a State, the court may, at any stage of the proceeding, upon application or on its own motion, remit the proceeding for hearing to:
 (aa) the Federal Circuit and Family Court of Australia (Division 2); or
 (a) a court of a State; or
 (b) if service of the initiating process was effected on the ship or property in a Territory—a court of that Territory;
being a court that would have had jurisdiction in respect of the proceeding if:
 (c) the proceeding had been commenced in that court as an action in personam; and
 (d) service of initiating process in that proceeding had been effected within the locality within which that court may exercise jurisdiction.
 (2) Where a proceeding commenced under this Act as an action in rem is pending in the Supreme Court of a Territory, the court may, at any stage of the proceeding, upon application or on its own motion, remit the proceeding for hearing to some other court of the Territory that would have had jurisdiction in respect of the proceeding if:
 (a) the proceeding had been commenced in that court as an action in personam; and
 (b) service of initiating process in that proceeding had been effected in that Territory.
 (3) The court from which the proceeding is remitted (in this section called the first court) may give such orders or directions as are appropriate in relation to the further steps to be taken in the proceeding and, subject to any such orders and directions, the court to which the proceeding is remitted (in this section called the  second court) may give orders and directions of a similar kind.
 (4) Subject to any orders and directions given under subsection (3), the second court shall proceed as if:
 (a) the proceeding had been commenced in that court;
 (b) the same or similar steps in the proceeding had been taken in the second court as were taken in the first court; and
 (c) the orders and directions made by the first court in the proceeding had been made by the second court.
 (5) The first court shall give effect to a judgment or order given in the proceeding, being a judgment or order that finally disposes of the proceeding, as though that judgment or order were a judgment or order of that court in the proceeding.
 (6) Subsection (5) does not affect:
 (a) a right of appeal that a party to the proceeding has; or
 (b) the power of a court to stay execution pending