Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 21

Transfer of proceedings
21. Section 35 of the Principal Act is repealed and the following section
substituted:



"35. (1) Proceedings under this Act in a court having jurisdiction under this
Act or any application in such proceedings may, upon the application of the
Official Trustee or of any other person interested, be transferred by that
court to another court having jurisdiction under this Act.



"(2) Where proceedings are so transferred or any application is so
transferred-

   (a)  all documents in respect of the proceedings or the application, as the
        case may be, filed with a Registrar shall, if it is appropriate having
        regard to the court to which the proceedings are, or the application
        is, transferred for another Registrar to have the custody of those
        documents, be transmitted by that Registrar to that other Registrar;
        and

   (b)  the court to which the proceedings are, or the application is,
        transferred shall proceed-

        (i)    in the case where proceedings are transferred-as if the same
               proceedings had been taken in that court as were taken in the
               court by which they are transferred; and

        (ii)   in the case where an application in any proceedings is
               transferred-as if the same proceedings had been taken in that
               court as were taken in the court by which the application is
               transferred and the application had been made in that court.". 


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