Document ID: chunk:federal_register_of_legislation:C2004A04777:front:0:p5
Version: federal_register_of_legislation:C2004A04777
Segment Type: other
Provision Reference: 
Character Range: 10652–13498

OF CORPORATIONS ACT

1. Paragraph 49(1)(a):

Omit "matters other than criminal matters (in this Division called 'civil' matters)", substitute "civil matters".

2. Subsection 50(1):

  Insert:

" 'civil matter' means a matter other than a criminal matter;

'Corporations Law' has the extended meaning given by subsection (2);

'lower court' means a court of a State or Territory that is not a superior court;

'superior court' means the Federal Court of Australia, the Supreme Court of a State or Territory, the Family Court or a State Family Court;

'superior court matter' means a civil matter that the Corporations Law clearly intends (for example, by use of the expression 'the Court') to be dealt with only by a superior court.".

3. After section 51A:

  Insert:

Jurisdiction of lower courts

"51B.(1) Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977, jurisdiction is conferred on the lower courts of each State and the Capital Territory with respect to civil matters, other than superior court matters, arising under the Corporations Law of the Capital Territory.

  "(2) The jurisdiction conferred on a lower court by subsection (1):

    (a) is subject to the court's general jurisdictional limits, so far as they relate to the amounts, or the value of property, with which the court may deal; but

  (b) is not subject to the court's other jurisdictional limits.".

4. Subsection 52(3):

Omit "the Supreme Court", substitute "a court (not being a State Family Court)".

5. Paragraphs 53A(2)(a), (b) and (c):

  Omit "the Supreme Court", substitute "another court".

SCHEDULE 1—continued

6. Subsection 53A(2):

  Omit "that Supreme Court", substitute "that other court".

7. After section 53A:

  Insert:

Transfer of proceedings in lower courts

"53AA.(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of the Capital Territory in a lower court (the 'first court') having jurisdiction under section 5 IB.

"(2) If it appears to the first court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court (the 'second court') having jurisdiction in the matters for determination in the proceeding or application, the first court may take action under whichever of subsections (3) and (4) applies.

"(3) If the second court is also a lower court, the first court may transfer the proceeding or application to the second court.

"(4) If the second court is a superior court, the first court may transfer the proceeding or application to the relevant Supreme Court and recommend that the proceeding or application be transferred by the Supreme Court to the second court.

"(5) The relevant Supreme Court is not bound to comply with a recommendation