Commonwealth Consolidated Acts

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Mandatory transfer of proceedings to the Federal Circuit Court

             (1)  If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Family Court, the Family Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Circuit Court of Australia.

             (2)  If a proceeding is transferred under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceedings by the Federal Circuit Court of Australia.

             (3)  An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).

          (3A)  The Federal Circuit Court of Australia has jurisdiction in a matter that:

                     (a)  is the subject of a proceeding transferred to the court under this section; and

                     (b)  is a matter in which the court does not have jurisdiction apart from this subsection.

To avoid doubt, the court's jurisdiction under this subsection is not subject to limits set by another provision.

             (4)  The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.

             (5)  The Minister must cause a copy of regulations ( transfer regulations ) made for the purposes of subsection (1) to be tabled in each House of the Parliament.

             (6)  Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.

             (7)  If neither House passes such a resolution, the transfer regulations commence on the day immediately after the last day upon which such a resolution could have been passed.

             (8)  Subsections (5), (6) and (7) have effect despite anything in:

                     (a)  the Acts Interpretation Act 1901 ; or

                     (b)  the Legislation Act 2003 .

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