Document ID: chunk:federal_register_of_legislation:C2023C00038:section:5:p4
Version: federal_register_of_legislation:C2023C00038
Segment Type: section
Provision Reference: s 5 (pt 4/4)
Character Range: 16824–19082

out of, or is related to, another proceeding pending in the other of the courts referred to in paragraph (a) and it is more appropriate that the relevant proceeding be determined by the other of the courts referred to in paragraph (a); or
 (ii) it is otherwise in the interests of justice that the relevant proceeding be determined by the other of the courts referred to in paragraph (a);
the first court shall transfer the relevant proceeding to that other court.
 (6) Where:
 (a) a court (in this subsection referred to as the first court) transfers a proceeding to another court under a law or laws relating to cross‑vesting of jurisdiction; and
 (b) it appears to the first court that:
 (i) there is another proceeding pending in the first court that arises out of, or is related to, the first‑mentioned proceeding; and
 (ii) it is in the interests of justice that the other proceeding be determined by the other court;
the first court shall transfer the other proceeding to the other court.
 (7) A court may transfer a proceeding under this section on the application of a party to the proceeding, of its own motion or on the application of the Attorney‑General of the Commonwealth or of a State or Territory.
 (8) A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in a court has, if a proceeding (in this subsection referred to as the transferred proceeding) in that court is transferred to another court under a law or laws relating to cross‑vesting of jurisdiction, the same entitlement to practise in relation to:
 (a) the transferred proceeding; and
 (b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;
in the other court that the person would have if the other court were a federal court exercising federal jurisdiction.
 (9) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.
Note: This section has effect subject to section 6 (Special federal matters: general rules) and section 6A (Special federal matters: Commonwealth authorities or officers acting under the laws of States).