Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 27

27 Transfer because of amendment

(1) This section applies if a plaintiff or applicant in a proceeding wants to amend the relief claimed to, or to include, relief not within the jurisdiction of the court in which the proceeding is pending.

(2) The party may apply to a court that would have jurisdiction if the amendment were made (the
"other court" ) for—

(a) leave to amend; and

(b) an order that the proceeding be transferred to the other court.

(3) If, apart from any jurisdictional consideration, the other court considers the amendment appropriate, the other court may give leave to amend and, if it gives leave, must order that the proceeding be transferred to it.