Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 29

29 Transfer because counterclaim beyond jurisdiction

(1) This section applies if a party to a proceeding in a court (the
"relevant court" ) files a counterclaim for relief not within the relevant court’s jurisdiction.

(2) A court having jurisdiction for the counterclaim may order that—

(a) all of the proceeding be transferred to that court; or

(b) the counterclaim be transferred to that court; or

(c) all of the proceeding be heard and decided by the relevant court.

(3) If an order is made under subsection (2) , the registrar of the court that made the order must give a copy of it to the registrar of the relevant court.

(4) If an order is made under subsection (2) (b) —

(a) the relevant court must hear and decide the balance of the proceeding; and

(b) unless the court hearing the counterclaim orders otherwise, enforcement of any judgment in relation to the balance of the proceeding is stayed until judgment is given in relation to the counterclaim.

(5) Despite any other Act or law, the relevant court is taken to have jurisdiction to hear and decide all of the proceeding if—

(a) no application is made for an order under subsection (2) (a) or (b) within 14 days after the counterclaim is served on the other party or parties to the proceeding; or

(b) an order is made under subsection (2) (c) .