Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 43A

43A .         Transfer of proceedings from Magistrates Court in other cases

        (1)         This section applies if —

            (a)         proceedings in relation to property of a total value exceeding $20 000, or such other amount, if any, as is prescribed in the regulations, are instituted in the Magistrates Court (the court ); and

            (b)         the court is not constituted by a family law magistrate; and

            (c)         the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application.

        (1a)         The court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Court.

        (1b)         If the parties do not consent to the court hearing and determining the proceedings, the court must transfer the proceedings to the Court.

        (2)         A reference in subsection (1) to proceedings in respect of property does not include a reference to proceedings with respect to arrears of maintenance.

        (3)         In determining the value of any property for the purposes of subsection (1), any mortgage, lien, charge or other security over the property is to be disregarded.

        (4)         If proceedings referred to in subsection (1) are instituted in the court and the parties consent to the proceedings being heard and determined by that court, a party is not entitled, without the leave of the court, subsequently to object to the proceedings being so heard and determined but, where the court subsequently gives leave to a party to object to the proceedings being so heard and determined, the court is to transfer the proceedings to the Court.

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

        (6)         Before transferring proceedings under this section, the court may make such orders as it considers necessary pending the disposal of the proceedings by the Court.

        (7)         Where proceedings are transferred or removed to a court in pursuance of this section, that court shall proceed as if the proceedings had been originally instituted in that court.

        (8)         Failure by the court to comply with this section does not invalidate any order of the court in the proceedings.

        [Section 43A inserted: No. 25 of 2002 s. 35; amended: No. 59 of 2004 s. 94.]