Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 212

Criteria for transfers between courts

General

  (1)   The transferring court may make a transfer under section   211 only if it appears to the transferring court, taking into account the considerations covered by subsection   (2), that:

  (a)   the transfer matter arises out of, or is related to, another proceeding pending, or that has come, before a receiving court; or

  (b)   it is otherwise in the interests of justice that the transfer matter be determined by a receiving court.

Relevant considerations

  (2)   The considerations covered by this subsection include, but are not limited to, the following:

  (a)   the principal location, or place of business, of the parties in relation to the transfer matter;

  (b)   where the event (or events) that are the subject of the transfer matter took place;

  (c)   the desirability of related proceedings being heard in the same State or Territory;

  (d)   any relevant recommendation received under subsection   211(2);

  (e)   the suitability (taking into account the considerations mentioned in paragraphs   (a) to (d) and any other consideration) of having the transfer matter determined by the receiving court.


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