Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 65

65.(1) This section applies if, immediately before the transition:

   (a)  a proceeding in a matter arising under the Industrial Relations Act 
        1988 ; or

   (b)  a relevant proceeding; was pending in the Federal Court, and the
        hearing of the proceeding (except an interlocutory hearing) had begun
        but not yet been completed.
(2) The proceeding is called "the part-heard proceeding".

(3) The Federal Court may complete the hearing and determination of the
proceeding as provided by this Division.

(4) For the purposes of subsection (3):

   (a)  the Federal Court and its Judges continue to have, in respect of that
        matter, all the jurisdiction and powers they would have had if this
        Part had not been enacted; and

   (b)  section 4, and Part III, of the Industrial Relations Act 1988 as in
        force immediately before the transition continue to have effect as if
        this Part had not been enacted.

(5) The Federal Court may by order transfer the part-heard proceeding to the
new Court if:

   (a)  a proceeding that is related to the part-heard proceeding begins in
        the new Court; and

   (b)  the Federal Court considers that it would be in the interests of
        justice to make the order. The Federal Court may do so of its own
        motion or on the application of a party to the part-heard proceeding.

(6) If the Federal Court determines the part-heard proceeding, an appeal from
a judgment of the Court given in the proceeding lies, and must be heard and
determined, as if this Part had not been enacted.