Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 32AB

  (1)   If a proceeding is pending in the Court, the Court may, by order, transfer the proceeding from the Court to the Federal Circuit and Family Court of Australia.

  (2)   The Court may transfer a proceeding under subsection   (1):

  (a)   on the application of a party to the proceeding; or

  (b)   on its own initiative.

  (3)   The Rules of Court may make provision in relation to transfers of proceedings to the Federal Circuit and Family Court of Australia under subsection   (1).

  (4)   In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding to the Federal Circuit and Family Court of Australia under subsection   (1).

  (5)   Before Rules of Court are made for the purposes of subsection   (3) or (4), the Court must consult the Federal Circuit and Family Court of Australia.

  (6)   In deciding whether to transfer a proceeding to the Federal Circuit and Family Court of Australia under subsection   (1), the Court must have regard to:

  (a)   any Rules of Court made for the purposes of subsection   (4); and

  (b)   whether proceedings in respect of an associated matter are pending in the Federal Circuit and Family Court of Australia; and

  (c)   whether the resources of the Federal Circuit and Family Court of Australia are sufficient to hear and determine the proceeding; and

  (d)   the interests of the administration of justice.

  (7)   If an order is made under subsection   (1), the Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Circuit and Family Court of Australia.

  (8)   An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under subsection   (1).

  (8A)   The Federal Circuit and Family Court of Australia (Division   1) has jurisdiction in a matter that:

  (a)   is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division   1) under this section; and

  (b)   is a matter in which the Federal Circuit and Family Court of Australia (Division   1) does not have jurisdiction apart from this subsection.

To avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division   1) under this subsection is not subject to limits set by another provision.

  (8B)   The Federal Circuit and Family Court of Australia (Division   2) has jurisdiction in a matter that:

  (a)   is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division   2) under this section; and

  (b)   is a matter in which the Federal Circuit and Family Court of Australia (Division   2) does not have jurisdiction apart from this subsection.

To avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division   2) under this subsection is not subject to limits set by another provision.

  (9)   The reference in subsection   (1) to a proceeding pending in the Court includes a reference to a proceeding that was instituted in contravention of section   32AA.

  (9A)   This section does not apply to criminal proceedings.

  (10)   This section does not apply to proceedings of a kind specified in the regulations.