Commonwealth Consolidated Acts

JUDICIARY ACT 1903 - SECT 40

  (1)   Any cause or part of a cause arising under the Constitution or involving its interpretation that is at any time pending in a federal court other than the High Court or in a court of a State or Territory may, at any stage of the proceedings before final judgment, be removed into the High Court under an order of the High Court, which may, upon application of a party for sufficient cause shown, be made on such terms as the Court thinks fit, and shall be made as of course upon application by or on behalf of the Attorney - General of the Commonwealth, the Attorney - General of a State, the Attorney - General of the Australian Capital Territory or the Attorney - General of the Northern Territory.

  (2)   Where:

  (a)   a cause is at any time pending in a federal court other than the High Court or in a court of a Territory; or

  (b)   there is at any time pending in a court of a State a cause involving the exercise of federal jurisdiction by that court;

the High Court may, upon application of a party or upon application by or on behalf of the Attorney - General of the Commonwealth, at any stage of the proceedings before final judgment, order that the cause or a part of the cause be removed into the High Court on such terms as the Court thinks fit.

  (3)   Subject to the Constitution, jurisdiction to hear and determine a cause or part of a cause removed into the High Court by an order under subsection   (2), to the extent that that jurisdiction is not otherwise conferred on the High Court, is conferred on the High Court by this section.

  (4)   The High Court shall not make an order under subsection   (2) unless:

  (a)   all parties consent to the making of the order; or

  (b)   the Court is satisfied that it is appropriate to make the order having regard to all the circumstances, including the interests of the parties and the public interest.

  (5)   Where an order for removal is made under subsection   (1) or (2), the proceedings in the cause and such documents, if any, relating to the cause as are filed of record in the court in which the cause was pending, or, if part only of a cause is removed, a certified copy of those proceedings and documents, shall be transmitted by the Registrar or other proper officer of that court to the Registry of the High Court.