Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory; and
(b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under Chapter 4 of the Australian Consumer Law.
(2) The court must, if directed to do so by the Federal Court, transfer to the Federal Court:
(a) the matter; and
(b) such other matters for determination in the proceeding, the determination of which would (apart from any law of a State or of the Northern Territory relating to cross - vesting of jurisdiction) be within the jurisdiction of the Federal Court, as the Federal Court determines.
(3) Subject to subsection (4), the court may, on the application of a party to the proceeding or of its own motion, transfer the matter to a court (other than the Supreme Court) of another State or Territory.
(4) The court (the first court ) must not transfer a matter to another court under subsection (3) unless:
(a) the other court has power to grant the remedies sought before the first court in the matter; and
(b) it appears to the first court that:
(i) the matter arises out of, or is related to, a proceeding that is pending in the other court; or
(ii) it is otherwise in the interests of justice that the matter be determined by the other court.
(5) If the court transfers a matter to another court under subsection (3), further proceedings in the matter must be as directed by the other court.