Document ID: chunk:federal_register_of_legislation:C2023C00038:section:11
Version: federal_register_of_legislation:C2023C00038
Segment Type: section
Provision Reference: s 11
Character Range: 33244–35038

11  Conduct of proceedings
 (1) Where it appears to a court that the court will, or will be likely to, in determining a matter for determination in a proceeding, be exercising jurisdiction conferred by this Act or by a law of a State relating to cross‑vesting of jurisdiction:
 (a) subject to paragraphs (b) and (c), the court shall, in determining that matter, apply the law in force in the State or Territory in which the court is sitting (including choice of law rules);
 (b) subject to paragraph (c), if that matter is a right of action arising under a written law of another State or Territory, the court shall, in determining that matter, apply the written and unwritten law of that other State or Territory; and
 (c) the rules of evidence and procedure to be applied in dealing with that matter shall be such as the court considers appropriate in the circumstances, being rules that are applied in a superior court in Australia or in an external Territory.
 (2) The reference in paragraph (1)(a) to the State or Territory in which the court is sitting is, in relation to the Federal Court or the Federal Circuit and Family Court of Australia (Division 1), a reference to the State or Territory in which any matter for determination in the proceeding was first commenced in or transferred to that court.
 (3) Where a proceeding is transferred or removed to a court (in this subsection referred to as the transferee court) from another court (in this subsection referred to as the transferor court), the transferee court shall deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.