Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p26
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 62155–64758

regard under subsection 153(3) of the Act in deciding whether to transfer a proceeding to the Federal Court, the Court must take the following factors into account:
 (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 Court on one or more of the points in issue;
 (b) whether, if the proceeding is transferred, it is likely to be heard and determined at less cost and more convenience to the parties than if the proceeding were not transferred;
 (c) whether the proceeding will be heard earlier in the Court;
 (d) the availability of particular procedures appropriate for the class of proceeding;
 (e) the wishes of the parties.
 (5) Before the Court makes an order under subsection 153(1) of the Act transferring a proceeding from the Court to the Federal Court:
 (a) the Court must consult the Chief Judge of the Court in relation to the proposed transfer; and
 (b) the Chief Judge of the Court must consult the Chief Justice of the Federal Court, or a delegate of the Chief Justice of the Federal Court, in relation to the proposed transfer.
 (6) A failure to comply with this rule in relation to a proposed transfer of a proceeding under subsection 153(1) of the Act does not affect the validity of an order made under that subsection transferring the proceeding.

8.03  Proceeding transferred to Federal Court
  If a proceeding is transferred to the Federal Court, the Registrar must:
 (a) send to the proper officer of that court all documents filed and orders made in the proceeding; and
 (b) retain in the Court a copy of all orders made in the proceeding.

8.04  Proceeding transferred from Federal Court
  If a proceeding or appeal is transferred to the Court from the Federal Court:
 (a) a sealed copy of the order of the Federal Court transferring the proceeding or appeal must, unless the Federal Court otherwise directs, be filed:
 (i) if the order was obtained by a party—by the party; or
 (ii) if the order was made by the Federal Court on its own initiative—by the applicant in the proceeding; and
 (b) the Registrar must:
 (i) give the proceeding or appeal a distinctive number; and
 (ii) unless it is impracticable to do so, allocate a first court date within 14 days after the transfer.

Part 9—Lawyers

9.01  Change between acting in person and by lawyer
 (1) If a party acts in person in a proceeding and later appoints a lawyer, the lawyer must, as soon as practicable, file and serve notice of the appointment on each other party.
 (2) If a party appoints a lawyer and later