Document ID: chunk:federal_register_of_legislation:C2023C00038:section:8
Version: federal_register_of_legislation:C2023C00038
Segment Type: section
Provision Reference: s 8
Character Range: 29656–31317

8  Orders by Supreme Court of a Territory
 (1) Where:
 (a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in:
 (i) a court, other than the Supreme Court, of a Territory; or
 (ii) a tribunal established by or under a law of a Territory; and
 (b) it appears to the Supreme Court of that Territory that:
 (i) the relevant proceeding arises out of, or is related to, another proceeding pending in the Federal Court, the Federal Circuit and Family Court of Australia (Division 1), the Supreme Court of a State or the Supreme Court of another Territory and, if an order is made under this subsection in relation to the relevant proceeding, there would be grounds on which that other proceeding could be transferred to the Supreme Court of that first‑mentioned Territory; or
 (ii) an order should be made under this subsection in relation to the relevant proceeding so that consideration can be given to whether the relevant proceeding should be transferred to another court;
the Supreme Court of that first‑mentioned Territory may, on the application of a party to the relevant proceeding or of its own motion, make an order removing the relevant proceeding to that Supreme Court.
 (2) Where an order is made under subsection (1) in relation to a proceeding, this Act applies in relation to the proceeding as if it were a proceeding pending in the court to which it was removed.
 (3) Where a proceeding is removed to a court in accordance with an order made under subsection (1), that court may, if the court considers it appropriate to do so, remit the proceeding to the court or tribunal from which the proceeding was removed.