Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Court must not make an order under subsection 32AC(1) of the Act on its own initiative transferring a proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court unless the parties to the proceeding have been notified of the proposed transfer and have been given an opportunity to be heard in relation to the proposed transfer.
Note: Subsection 32AC(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Federal Circuit and Family Court of Australia (Division 2) and is not a family law or child support proceeding to the Court. Subsection 32AC(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.
(2) Before the Court makes an order under subsection 32AC(1) of the Act transferring a proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court:
(a) the Court must consult the Chief Justice of the Court in relation to the proposed transfer; and
(b) the Chief Justice of the Court must consult the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to the proposed transfer.
(3) A failure to comply with this rule in relation to a proposed transfer of a proceeding under subsection 32AC(1) of the Act does not affect the validity of an order made under that subsection transferring the proceeding.