Commonwealth Numbered Acts

FAMILY COURT OF AUSTRALIA (ADDITIONAL JURISDICTION AND EXERCISE OF POWERS) ACT 1988 No. 8 of 1988 - SECT 42

42. After section 86A of the Principal Act the following section is inserted:
Transfer of certain proceedings to Family Court

"86B. (1) Subject to subsection (2), where:

   (a)  a civil proceeding is pending in the Federal Court; and

   (b)  a matter for determination in the proceeding arises under Division 1
        or 1A of Part V; the Federal Court may, on the application of a party
        to the proceeding or of its own motion, transfer the proceeding to the
        Family Court.

"(2) A proceeding that is pending in the Federal Court at the commencement of
this section shall not be transferred to the Family Court unless the parties
to the proceeding consent to the transfer.

"(3) Subject to subsection (4), where a proceeding is transferred to the
Family Court:

   (a)  the Family Court has jurisdiction to hear and determine the
        proceeding;

   (b)  the Family Court also has jurisdiction to hear and determine matters
        not otherwise within its jurisdiction (whether by virtue of paragraph
        (a) or otherwise):

        (i)    that are associated with matters arising in the proceeding; or

        (ii)   that, apart from subsection 32 (1) of the
               Federal Court of Australia  Act 1976 , the Federal Court would
               have had jurisdiction to hear and determine in the proceeding;

   (c)  the Family Court may, in and in relation to the proceeding:

        (i)    grant such remedies;

        (ii)   make orders of such kinds; and

        (iii)  issue, and direct the issue of, writs of such kinds; as the
               Federal Court could have granted, made, issued or directed the
               issue of, as the case may be, in and in relation to the
               proceeding;

   (d)  remedies, orders and writs granted, made or issued by the Family Court
        in and in relation to the proceeding have effect, and may be enforced
        by the Family Court, as if they had been granted, made or issued by
        the Federal Court;

   (e)  appeals lie from judgments of the Family Court given in and in
        relation to the proceeding as if the judgments were judgments of the
        Federal Court constituted by a single Judge of that Court, and do not
        otherwise lie; and

   (f)  subject to paragraphs (a) to (e) (inclusive), this Act, the
        regulations, the Federal Court of Australia Act 1976, the Rules of
        Court made under that Act, and other laws of the Commonwealth, apply
        in and in relation to the proceeding as if:

        (i)    a reference to the Federal Court (other than in the expression
               'the Court or a Judge') included a reference to the Family
               Court;

        (ii)   a reference to a Judge of the Federal Court (other than in the
               expression 'the Court or a Judge') included a reference to a
               Family Court Judge;

        (iii)  a reference to the expression 'the Court or a Judge' when used
               in relation to the Federal Court included a reference to a
               Family Court Judge sitting in Chambers;

        (iv)   a reference to a Registrar of the Federal Court included a
               reference to a Registrar of the Family Court; and

        (v)    any other necessary changes were made.

"(4) Where any difficulty arises in the application of paragraphs (3) (c), (d)
and (f) in or in relation to a particular proceeding, the Family Court may, on
the application of a party to the proceeding or of its own motion, give such
directions, and make such orders, as it considers appropriate to resolve the
difficulty.

"(5) An appeal does not lie from a decision of the Federal Court in relation
to the transfer of a proceeding under this Act to the Family Court.".