Document ID: chunk:federal_register_of_legislation:C2024C00859:section:2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 2
Character Range: 178780–180696

2                                        a de facto financial cause instituted in relation to a de facto relationship  a de facto financial cause instituted in relation to a de facto relationship

 (2) Where there are pending in a court proceedings that have been instituted under this Act and it appears to that court that it is in the interests of justice, or of convenience to the parties, that the proceedings be dealt with in another court having jurisdiction under this Act, the court may transfer the proceedings to the other court. However, this subsection does not apply to particular proceedings if:
 (a) the first‑mentioned court is the Federal Circuit and Family Court of Australia (Division 1) and the other court is the Federal Circuit and Family Court of Australia (Division 2); or
 (b) the first‑mentioned court is the Federal Circuit and Family Court of Australia (Division 2) and the other court is the Federal Circuit and Family Court of Australia (Division 1).
Note 1: For transfers from the Federal Circuit and Family Court of Australia (Division 1) to the Federal Circuit and Family Court of Australia (Division 2), see section 52 of the Federal Circuit and Family Court of Australia Act 2021.
Note 2: For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1), see sections 51 and 149 of the Federal Circuit and Family Court of Australia Act 2021.
 (3) A transfer under subsection (2) may be made on the application of any party to the proceedings.
 (4) A transfer under subsection (2) may be made on the transferring court's own initiative if the transfer is:
 (a) from a Family Court of a State to a court of summary jurisdiction prescribed in regulations made for the purposes of section 44A; or
 (b) from a court of summary jurisdiction prescribed in those regulations to a Family Court of a State.