New South Wales Consolidated Acts
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MINORS (PROPERTY AND CONTRACTS) ACT 1970 - SECT 41
Removal into Supreme Court
41 Removal into Supreme Court
(1) This section applies to proceedings under any of sections 30, 34, 36 and
37.
(2) The District Court or the Local Court may, in respect of pending
proceedings, order that the proceedings be removed into the Supreme Court.
(3) The Supreme Court, on application by a party to proceedings in the
District Court or the Local Court made before final order in the proceedings,
or made pursuant to a summons or other document filed in the Supreme Court
before final order in the proceedings, may, on such terms as the Supreme Court
thinks fit, order that the proceedings be removed into the Supreme Court.
(4)
On the making of an order for removal under this section the registrar or
clerk of the court from which the proceedings are removed shall send the
record of the proceedings to the Supreme Court.
(5) In proceedings removed
into the Supreme Court under this section the Supreme Court: (a) has the
jurisdiction which it would have if the application commencing the proceedings
had been made in the Supreme Court, and
(b) may vary or rescind any order
made in the proceedings by any court from which the proceedings have been
removed under this section or transferred under section 42.
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