Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_138d
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 138D
Character Range: 507905–509590

138D  Transfer of matters by a State or Territory court

 (1) This section applies if:
 (a) a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory; and
 (b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under:
 (i) Division 3 of Part 3‑1 of the Australian Consumer Law; or
 (ii) Part 3‑5 of the Australian Consumer Law; or
 (iii) Chapter 4 of the Australian Consumer Law.

 (2) The court must, if directed to do so by the Federal Court, transfer to the Federal Court:
 (a) the matter; and
 (b) such other matters for determination in the proceeding, the determination of which would (apart from any law of a State or of the Northern Territory relating to cross‑vesting of jurisdiction) be within the jurisdiction of the Federal Court, as the Federal Court determines.

 (3) Subject to subsection (4), the court may, on the application of a party to the proceeding or of its own motion, transfer the matter to a court (other than the Supreme Court) of another State or Territory.

 (4) The court (the first court) must not transfer a matter to another court under subsection (3) unless:
 (a) the other court has power to grant the remedies sought before the first court in the matter; and
 (b) it appears to the first court that:
 (i) the matter arises out of, or is related to, a proceeding that is pending in the other court; or
 (ii) it is otherwise in the interests of justice that the matter be determined by the other court.

 (5) If the court transfers a matter to another court under subsection (3), further proceedings in the matter must be as directed by the other court.