New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 12

12 Transfer of proceedings from Local Court in certain cases

(1) Where proceedings are instituted in the Local Court with respect to an interest in property, being an interest of a value or amount in excess of the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007 , the Local Court shall, unless the parties agree to the Court hearing and determining the proceedings, transfer the proceedings to the District Court or the Supreme Court, as may be appropriate.

(2) Where proceedings referred to in subsection (1) are before it, the Local Court may transfer the proceedings of its own motion, notwithstanding that the parties would be willing for the Local Court to hear and determine the proceedings.

(3) Before transferring proceedings under subsection (1), the Local Court may make such orders as it considers necessary pending the disposal of the proceedings by the District Court or Supreme Court.

(4) Where proceedings are transferred under subsection (1), the District Court or Supreme Court, as the case may be, shall, subject to the rules of court, proceed as if the proceedings had been originally instituted in that Court.

(5) Without prejudice to the duty of the Local Court to comply with this section, failure by the Local Court so to comply does not invalidate any order of the Court in the proceedings.