Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p20
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 46299–48981

a design to a Department or authority of the Commonwealth for the purpose of obtaining advice as to whether an order under this section should be made, amended or revoked.

"PART VIb—JURISDICTION AND POWERS OF COURTS

Jurisdiction of prescribed courts
"40g. (1) Subject to sub-section (2), every prescribed court has jurisdiction with respect to matters arising under this Act in respect of which actions or proceedings may, under this Act, be instituted in a prescribed court.
"(2) The jurisdiction conferred by sub-section (1) on the Supreme Court of a Territory—
      (a) to the extent that it relates to an action or proceeding for the infringement of the monopoly in a registered design or to an application for the rectification of the register made by virtue of section 32—is conferred to the extent that the Constitution permits; and
      (b) in any other case—is conferred only in relation to an action or proceeding instituted by a natural person who is resident in the Territory, or a corporation that has its principal place of business in the Territory, at the time of the institution of the action or proceeding.
"(3) The jurisdiction of a prescribed court under this section shall be exercised by a single Judge.
"(4) The regulations may make provision for and in relation to the practice and procedure of prescribed courts in actions or proceedings under this Act, including provision prescribing the time within which any action or proceeding

may be instituted or any other act or thing may be done, and providing for the extension of any such time.

Transfer of proceedings
"40h. (1) A prescribed court in which an action or proceeding has been instituted under this Act may, if the court thinks fit, upon application of a party made at any stage in the action or proceeding, by order, transfer the action or proceeding to another prescribed court having jurisdiction to hear and determine the action or proceeding.
"(2) Where an action or proceeding is transferred from a court in pursuance of this section—
      (a) all documents filed of record in that court shall be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the action or proceeding is transferred; and
      (b) the court to which the action or proceeding is transferred shall proceed as if the action or proceeding had been originally instituted in that court and as if the same proceedings had been taken in that court as had been taken in the court from which the action or proceeding was transferred.

Appeals
"40i. (1) Subject to sub-section (2), an appeal lies to the Federal Court of Australia from a judgment