Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 27.23

Transfer of proceeding to the Court

         (1)   If a court makes an order transferring a proceeding to the Court, the party who applied for the order must file a copy of the order in:

                (a)    the District Registry named in the order;

               (b)    if no District Registry is name named in the order -- the District Registry of the State or Territory where the order was made.

         (2)   The Registrar will attach a notice to the order, in accordance with Form 49.

         (3)   The party who files the order must serve a sealed copy of the order, and the notice that has been attached by the Registrar, on each party to the proceeding in the court that has made the order transferring the proceeding:

                (a)    at the party's address for service; or

               (b)    if the party does not have an address for service -- personally.

         (4)   After an order is filed and the notice is attached, these Rules apply to the proceeding as if it had been started in the Court.

         (5)   The party who files the order must, as soon as practicable after service of the order and the notice attached to the order, and before taking any further step in the proceeding, apply to the Court for directions in relation to the further conduct of the proceeding.

Note    On receipt of the order, and at the time of attaching the notice, the Registrar will allot a serial number to the order, as if the order were an originating application filed in the Registry.

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