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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 32AD

Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2)

  (1)   If the Federal Circuit and Family Court of Australia (Division   2) makes an order under subsection   153(1) of the Federal Circuit and Family Court of Australia Act 2021 transferring a proceeding to the Court, the Court may, by order, confirm the transfer of the proceeding to the Court.

Note:   The transfer of a proceeding takes effect on the day the Court makes an order under this section in relation to the proceeding: see subsection   153(4) of the Federal Circuit and Family Court of Australia Act 2021 .

  (2)   The Court may, in its discretion, receive further evidence to decide whether to make an order under subsection   (1). Such evidence may be taken in any of the ways mentioned in section   27.

  (3)   The Court has jurisdiction in a matter that:

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

  (b)   is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court's jurisdiction under this subsection is not subject to limits set by another provision.

  (4)   An appeal does not lie from a decision of the Court in relation to an order made under subsection   (1) confirming the transfer of a proceeding.


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