Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:11_69ma
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 11 cl 69MA
Character Range: 57825–59480

69MA  Transfer of proceedings from the Federal Magistrates Court—residence orders

 (1) If:
 (a) proceedings for:
 (i) a residence order; or
 (ii) an order under this Part discharging, varying, suspending or reviving a residence order, or a part of a residence order;
  are instituted in the Federal Magistrates Court; and
 (b) the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application;
the Federal Magistrates Court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court is required to transfer the proceedings to the Family Court.

Note: Residence order is defined by subsection 64B(3).

 (2) If the parties do not consent to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court must transfer the proceedings accordingly.

 (3) If the parties consent to the Federal Magistrates Court hearing and determining the proceedings, a party is not entitled subsequently to object to the proceedings being heard and determined by the Federal Magistrates Court.

 (4) Before transferring proceedings under this section, the Federal Magistrates Court may make such orders (including an order under subsection 62F(2)) as it considers necessary pending the disposal of the proceedings by the Family Court.

 (5) Failure by the Federal Magistrates Court to comply with this section does not invalidate any order of the Federal Magistrates Court in the proceedings.