Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p67
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 67/100)
Character Range: 279517–282296

Justice must have regard to the following matters:
 (a) whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Circuit and Family Court (Division 1) on one or more of the points in issue;
 (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.

9.03  Proceeding transferred to Federal Circuit and Family Court (Division 2)—transfer of documents
  If a proceeding is transferred to the Federal Circuit and Family Court (Division 2), the Registry Manager of the Federal Circuit and Family Court (Division 1) must:
 (a) send to the Registry Manager of the Federal Circuit and Family Court (Division 2) all documents filed and orders made in the proceeding; and
 (b) retain in the Federal Circuit and Family Court (Division 1) a copy of all orders made in the proceeding.

Part 9.3—Other transfers between courts exercising family law jurisdiction

9.04  Application of Part 9.3
  This Part does not apply to the transfer of a proceeding to which Part 9.2 applies.

9.05  Transfer of proceeding between courts exercising family law jurisdiction
 (1) A court exercising jurisdiction under the Family Law Act ( the transferring court) may transfer a proceeding to another such court (the receiving court) under section 45 of the Family Law Act.
 (2) A transfer under this rule may occur on the application of a party or, to the extent permitted by section 45 of the Family Law Act, on the transferring court's own initiative.
 (3) Unless the transferring court otherwise orders, an application for transfer must be made on or before the first court date for the proceeding.
 (4) Unless the transferring court otherwise orders, the application for transfer must be made by application supported by an affidavit or included in a response supported by an affidavit.
 (5) In deciding whether to transfer a proceeding under subrule (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