Commonwealth Consolidated Acts

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JUDICIARY ACT 1903 - SECT 42

Remittal of causes

  (1)   Where a cause or part of a cause is removed into the High Court under section   40, the High Court may, at any stage of the proceedings, remit the whole or a part of that cause or part of a cause to the court from which it was removed, with such directions to that court as the High Court thinks fit.

  (2)   Where it appears to the High Court that the High Court does not have original jurisdiction, whether by virtue of subsection   ( 3) of section   40 or otherwise, in a cause or part of a cause that has been removed into the High Court under section   40, the High Court shall proceed no further in the cause or part of a cause but shall remit it to the court from which it was removed.


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