Commonwealth Consolidated Acts

PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 210

Scope

  (1)   This Division   applies if all the following conditions are satisfied:

  (a)   a proceeding with respect to a PPS matter is pending, or has come, before a court (the transferring court ) on which jurisdiction is conferred under this Part   in relation to the matter;

  (b)   jurisdiction is also conferred on another court (the receiving court ) under this Part   with respect to either of the following (the transfer matter ):

  (i)   the entire proceeding;

  (ii)   an application in the proceeding;

  (c)   the receiving court has the power to grant the remedies sought before the transferring court in relation to the transfer matter.

Transfers to which other legislation applies

  (2)   This Division   does not apply to a transfer between the courts mentioned in an item in the following table, except as provided by paragraph   211(2)(b):

 

Transfers to which other legislation applies
Item	Transferring court	Receiving court
1	The Federal Court	The Federal Court
2	The Federal Court	The Federal Circuit and Family Court of Australia (Division   2)
3	The Federal Circuit and Family Court of Australia (Division   1)	The Federal Circuit and Family Court of Australia (Division   2)
4	The Federal Circuit and Family Court of Australia (Division   2)	The Federal Court or the Federal Circuit and Family Court of Australia (Division   1)

Note 1:   Paragraph   211(2)(b) gives the Federal Circuit and Family Court of Australia (Division   2) the power to transfer a matter to the Federal Court with a recommendation that the Federal Court transfer the matter to a superior court other than the Federal Court.

Note 2:   Transfers mentioned in the table are covered by other legislation as follows:

(a)   for a transfer mentioned in item   1--section   32AC of the Federal Court of Australia Act 1976 ;

(b)   for a transfer mentioned in item   2--section   32AB of the Federal Court of Australia Act 1976 ;

(c)   for a transfer mentioned in item   3--section   52 of the Federal Circuit and Family Court of Australia Act 2021 ;

(d)   for a transfer mentioned in item   4--sections   149 and 153 of the Federal Circuit and Family Court of Australia Act 2021 .