Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1430

Transfer of proceeding from Supreme Court to Magistrates Court—application

    (1)     The Supreme Court may, on application by a party to a proceeding started in the Supreme Court or its own initiative, order that the proceeding be transferred to the Magistrates Court.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The Court may make an order under subsection (1) only if satisfied that—

        (a)     the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) is not more than the amount for which the Magistrates Court has jurisdiction to decide; and

        (b)     the proceeding could properly have been started in the Magistrates Court; and

        (c)     the Court considers it just to do so.



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