Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p36
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 36/45)
Character Range: 742190–744881

application be transferred by the Supreme Court to the other court.
 (5) The Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide:
 (a) to deal with the relevant proceeding or application itself; or
 (b) to transfer the relevant proceeding or application to some other court (which could be the transferor court).
 (6) Nothing in this section allows the Supreme Court to transfer the relevant proceeding or application to another court otherwise than in accordance with section 586‑35 and the other requirements of this Division.
 (7) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

586‑50  Further matters for a court to consider when deciding whether to transfer a proceeding
  In deciding whether to transfer under section 586‑35, 586‑40 or 586‑45 a proceeding or application, a court must have regard to:
 (a) the principal place of business of any body corporate concerned in the proceeding or application; and
 (b) the place or places where the events that are the subject of the proceeding or application took place; and
 (c) the other courts that have jurisdiction to deal with the proceeding or application.

586‑55  Transfer may be made at any stage
  A court may transfer under section 586‑35, 586‑40 or 586‑45 a proceeding or application:
 (a) on the application of a party made at any stage; or
 (b) of the court's own motion.

586‑60  Transfer of documents
  If, under section 586‑35, 586‑40 or 586‑45, a court (the transferor court) transfers a proceeding, or an application in a proceeding, to another court:
 (a) the Registrar of the transferor court or other proper officer of the transferor court must transmit to the Registrar of the other court or other proper officer of the other court all documents filed in the transferor court in respect of the proceeding or application, as the case may be; and
 (b) the other court must proceed as if:
 (i) the proceeding had been originally instituted in the other court; and
 (ii) the same proceedings had been taken in the other court as were taken in the transferor court; and
 (iii) in a case where an application is transferred—the application had been made in the other court.

586‑65  Conduct of proceedings
 (1) Subject to sections 586‑80, 586‑85 and 586‑90, if it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising jurisdiction to which subsection (3) applies, the rules of evidence and procedure to be applied in dealing with that matter are to be the rules that:
 (a) are applied in a superior court in Australia or in an external