Commonwealth Numbered Acts

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 149

             (1)  If a family law or child support proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2), the Court may, by order, transfer the proceeding from the Court to the Federal Circuit and Family Court of Australia (Division 1).

             (2)  The Federal Circuit and Family Court of Australia (Division 2) may transfer a proceeding:

                     (a)  on the application of a party to the proceeding; or

                     (b)  on its own initiative.

             (3)  In deciding whether to transfer a proceeding, the Federal Circuit and Family Court of Australia (Division 2) must have regard to:

                     (a)  any Rules of Court made for the purposes of subsection 151(2); and

                     (b)  whether proceedings in respect of an associated matter are pending in the Federal Circuit and Family Court of Australia (Division 1); and

                     (c)  whether the resources of the Federal Circuit and Family Court of Australia (Division 1) are sufficient to hear and determine the proceeding; and

                     (d)  the interests of the administration of justice.

             (4)  An appeal does not lie from a decision of the Federal Circuit and Family Court of Australia (Division 2) in relation to the transfer of a proceeding under this section.

             (5)  This section does not apply to proceedings of a kind specified in the regulations.