Commonwealth Numbered Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 No. 24 of 1987 - SECT 5

5. (1) Where-
(a) a proceeding (in this sub-section referred to as the "relevant
proceeding") is pending in the Supreme Court of a State or Territory (in this
sub-section referred to as the "first court"); and

   (b)  it appears to the first court that-

        (i)    the relevant proceeding arises out of, or is related to,
               another proceeding pending in the Federal Court or the
               Family Court and it is more appropriate that the
               relevant proceeding be determined by the Federal Court or the
               Family Court;

        (ii)   having regard to-

                (A)  whether, in the opinion of the first court, apart from
                     this Act and any law of a State relating to cross-vesting
                     of jurisdiction and apart from any accrued jurisdiction
                     of the Federal Court or the Family Court, the
                     relevant proceeding or a substantial part of the
                     relevant proceeding would have been incapable of being
                     instituted in the first court and capable of being
                     instituted in the Federal Court or the Family Court;

                (B)  the extent to which, in the opinion of the first court,
                     the matters for determination in the relevant proceeding
                     are matters arising under or involving questions as to
                     the application, interpretation or validity of a law of
                     the Commonwealth and not within the jurisdiction of the
                     first court apart from this Act and any law of a State
                     relating to cross-vesting of jurisdiction; and

                (C)  the interests of justice,
it is more appropriate that the relevant proceeding be determined by the
Federal Court or the Family Court, as the case may be; or

        (iii)  it is otherwise in the interests of justice that the relevant
               proceeding be determined by the Federal Court or the
               Family Court, the first court shall transfer the
               relevant proceeding to the Federal Court or the Family Court,
               as the case may be.

(2) Where-
(a) a proceeding (in this sub-section referred to as the "relevant
proceeding") is pending in the Supreme Court of a State or Territory (in this
sub-section referred to as the "first court"); and

   (b)  it appears to the first court that-

        (i)    the relevant proceeding arises out of, or is related to,
               another proceeding pending in the Supreme Court of another
               State or Territory and it is more appropriate that the
               relevant proceeding be determined by that other Supreme Court;

        (ii)   having regard to-

                (A)  whether, in the opinion of the first court, apart from
                     this Act and any law of a State relating to cross-vesting
                     of jurisdiction, the relevant proceeding or a substantial
                     part of the relevant proceeding would have been incapable
                     of being instituted in the first court and capable of
                     being instituted in the Supreme Court of another State or
                     Territory;

                (B)  the extent to which, in the opinion of the first court,
                     the matters for determination in the relevant proceeding
                     are matters arising under or involving questions as to
                     the application, interpretation or validity of a law of
                     the State or Territory referred to in sub-sub-paragraph
                     (A) and not within the jurisdiction of the first court
                     apart from this Act and any law of a State relating to
                     cross-vesting of jurisdiction; and

                (C)  the interests of justice,
it is more appropriate that the relevant proceeding be determined by that
other Supreme Court; or

        (iii)  it is otherwise in the interests of justice that the relevant
               proceeding be determined by the Supreme Court of another State
               or Territory, the first court shall transfer the
               relevant proceeding to that other Supreme Court.

(3) Where-
(a) a proceeding (in this sub-section referred to as the "relevant
proceeding") is pending in the Supreme Court of a State or the State Family
Court of that State (in this sub-section referred to as the "first court");
and

   (b)  it appears to the first court that-

        (i)    the relevant proceeding arises out of, or is related to,
               another proceeding pending in the other of the courts referred
               to in paragraph (a) and it is more appropriate that the
               relevant proceeding be determined by that other court;

        (ii)   having regard to-

                (A)  whether, in the opinion of the first court, apart from
                     this Act and any law of a State relating to cross-vesting
                     of jurisdiction, the relevant proceeding or a substantial
                     part of the relevant proceeding would have been incapable
                     of being instituted in the first court and capable of
                     being instituted in the other of the courts referred to
                     in paragraph (a); and

                (B)  the interests of justice,
it is more appropriate that the relevant proceeding be determined by the other
of the courts referred to in paragraph (a); or

        (iii)  it is otherwise in the interests of justice that the relevant
               proceeding be determined by the other of the courts referred to
               in paragraph (a), the first court shall transfer the
               relevant proceeding to that other court.

(4) Where-
(a) a proceeding (in this sub-section referred to as the "relevant
proceeding") is pending in the Federal Court or the Family Court (in this
sub-section referred to as the "first court"); and

   (b)  it appears to the first court that-

        (i)    the relevant proceeding arises out of, or is related to,
               another proceeding pending in the Supreme Court of a State or
               Territory and it is more appropriate that the
               relevant proceeding be determined by that Supreme Court;

        (ii)   having regard to-

                (A)  whether, in the opinion of the first court, apart from
                     this Act and any law of a State relating to cross-vesting
                     of jurisdiction, the relevant proceeding or a substantial
                     part of the relevant proceeding would have been incapable
                     of being instituted in the first court and capable of
                     being instituted in the Supreme Court of a State or
                     Territory;

                (B)  the extent to which, in the opinion of the first court,
                     the matters for determination in the relevant proceeding
                     are matters arising under or involving questions as to
                     the application, interpretation or validity of a law of
                     the State or Territory referred to in sub-sub-paragraph
                     (A) and not within the jurisdiction of the first court
                     apart from this Act and any law of a State relating to
                     cross-vesting of jurisdiction; and

                (C)  the interests of justice,
it is more appropriate that the relevant proceeding be determined by that
Supreme Court; or

        (iii)  it is otherwise in the interests of justice that the relevant
               proceeding be determined by the Supreme Court of a State or
               Territory, the first court shall transfer the
               relevant proceeding to that Supreme Court.

(5) Where-
(a) a proceeding (in this sub-section referred to as the "relevant
proceeding") is pending in the Federal Court or the Family Court (in this
sub-section referred to as the "first court"); and

   (b)  it appears to the first court that-

        (i)    the relevant proceeding arises out of, or is related to,
               another proceeding pending in the other of the courts referred
               to in paragraph (a) and it is more appropriate that the
               relevant proceeding be determined by the other of the courts
               referred to in paragraph (a); or

        (ii)   it is otherwise in the interests of justice that the relevant
               proceeding be determined by the other of the courts referred to
               in paragraph (a), the first court shall transfer the
               relevant proceeding to that other court.

(6) Where-
(a) a court (in this sub-section referred to as the "first court") transfers a
proceeding to another court under a law or laws relating to cross-vesting of
jurisdiction; and

   (b)  it appears to the first court that-

        (i)    there is another proceeding pending in the first court that
               arises out of, or is related to, the first-mentioned
               proceeding; and

        (ii)   it is in the interests of justice that the other proceeding be
               determined by the other court, the first court shall transfer
               the other proceeding to the other court.

(7) A court may transfer a proceeding under this section on the application of
a party to the proceeding, of its own motion or on the application of the
Attorney-General of the Commonwealth or of a State or Territory.

(8) A person who is entitled to practise as a barrister or a solicitor, or as
both a barrister and a solicitor, in a court has, if a proceeding (in this
sub-section referred to as the "transferred proceeding") in that court is
transferred to another court under a law or laws relating to cross-vesting of
jurisdiction, the same entitlement to practise in relation to:

   (a)  the transferred proceeding; and

   (b)  any other proceeding out of which the transferred proceeding arises or
        to which the transferred proceeding is related, being another
        proceeding that is to be determined together with the
        transferred proceeding; in the other court that the person would have
        if the other court were a federal court exercising federal
        jurisdiction.