Document ID: chunk:federal_register_of_legislation:C2024C00859:section:46:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 46 (pt 2/2)
Character Range: 183179–184749

to hear and determine the proceedings.
 (2A) If:
 (a) proceedings for a divorce order have been instituted in or transferred to a court of summary jurisdiction; and
 (b) the proceedings are defended;
the court is required to transfer the proceedings to:
 (c) the Federal Circuit and Family Court of Australia (Division 2); or
 (d) a Family Court of a State; or
 (e) the Supreme Court of a State or Territory.
 (2B) Subsection (2A) does not apply if the court of summary jurisdiction is the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
 (3) Before transferring proceedings under subsection (1) or (2A), the court may make such orders as it considers necessary pending the disposal of the proceedings by the court to which they are to be transferred.
 (3A) If proceedings instituted under this Act are pending in a court of summary jurisdiction, each of the following Courts:
 (a) the Federal Circuit and Family Court of Australia (Division 2);
 (b) a Family Court of a State;
 (c) the Supreme Court of a State or Territory;
may, on the application of a party or of its own motion, order that the proceedings be removed to that Court.
 (4) Where proceedings are transferred or removed to a court in pursuance of this section, that court shall proceed as if the proceedings had been originally instituted in that court.
 (5) Without prejudice to the duty of a court of summary jurisdiction to comply with this section, failure by such a court so to comply does not invalidate any order of the court in the proceedings.