Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p34
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 34/45)
Character Range: 737083–739913

Corporations legislation; and
 (ii) is not a subsection 586‑5(3) proceeding;
  regardless of which proceeding was commenced first; and
 (d) the transferor court considers the transfer to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.
 (6) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.
 (7) The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests of justice, in this section or elsewhere in this Act, do not include that matter.

586‑40  Transfer of proceedings by the Federal Circuit and Family Court of Australia (Division 1) and State Family Courts
 (1) This section applies to a proceeding (the relevant proceeding) in a court (the transferor court) if:
 (a) the relevant proceeding is with respect to a civil matter arising under the Aboriginal and Torres Strait Islander Corporations legislation; and
 (b) the transferor court is:
 (i) the Federal Circuit and Family Court of Australia (Division 1); or
 (ii) a State Family Court.
 (2) If it appears to the transferor court:
 (a) that the relevant proceeding arises out of, or is related to, another proceeding pending in:
 (i) the Federal Court; or
 (ii) another State or Territory court;
  and that the court in which the other proceeding is pending is the most appropriate court to determine the relevant proceeding; or
 (b) that having regard to:
 (i) whether, in the transferor court's opinion, apart from this Division, the relevant proceeding, or a substantial part of it, would have been incapable of being instituted in the transferor court; and
 (ii) the extent to which, in the transferor court's opinion, the matters for determination in the relevant proceeding are matters not within the transferor court's jurisdiction apart from this Division; and
 (iii) the interests of justice;
  the Federal Court, or another State or Territory court, is the most appropriate court to determine the relevant proceeding; or
 (c) that it is otherwise in the interests of justice that the Federal Court, or another State or Territory court, determine the relevant proceeding;
the transferor court must transfer the relevant proceeding to the Federal Court or to that other court.
 (3) Subject to subsection (2), if it appears to the transferor court:
 (a) that the relevant proceeding arises out of, or is related to, another proceeding pending in another court that is:
 (i) the Federal Circuit and Family Court of Australia (Division 1); or
 (ii) a State Family Court;
  and that has jurisdiction under section 586‑10 in the matters for determination in the