Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 28

28 Transfer because claim beyond jurisdiction

(1) This section applies if the court in which a proceeding is pending (the
"relevant court" ) considers it does not have jurisdiction for the proceeding (other than because of a counterclaim).

(2) If the relevant court considers another court has jurisdiction for the proceeding, the relevant court may, by order, transfer the proceeding to the other court.

(3) Unless an order is made under subsection (2) , the relevant court—

(a) must strike out the proceeding; and

(b) may order the party who started the proceeding to pay the costs of any other party to the proceeding.