Commonwealth Consolidated Acts

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Transfer of matters by a State or Territory court

  (1)   This section applies if:

  (a)   a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory; and

  (b)   a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under Chapter   4 of the Australian Consumer Law.

  (2)   The court must, if directed to do so by the Federal Court, transfer to the Federal Court:

  (a)   the matter; and

  (b)   such other matters for determination in the proceeding, the determination of which would (apart from any law of a State or of the Northern Territory relating to cross - vesting of jurisdiction) be within the jurisdiction of the Federal Court, as the Federal Court determines.

  (3)   Subject to subsection   (4), the court may, on the application of a party to the proceeding or of its own motion, transfer the matter to a court (other than the Supreme Court) of another State or Territory.

  (4)   The court (the first court ) must not transfer a matter to another court under subsection   (3) unless:

  (a)   the other court has power to grant the remedies sought before the first court in the matter; and

  (b)   it appears to the first court that:

  (i)   the matter arises out of, or is related to, a proceeding that is pending in the other court; or

  (ii)   it is otherwise in the interests of justice that the matter be determined by the other court.

  (5)   If the court transfers a matter to another court under subsection   (3), further proceedings in the matter must be as directed by the other court.

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