Commonwealth Numbered Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 No. 24 of 1987 - SECT 6

6. (1) Where a matter for determination in a proceeding that is pending in the
Supreme Court of a State or Territory is a special federal matter, that
Supreme Court shall transfer the proceeding to the Federal Court unless that
Supreme Court makes an order that the proceeding be determined by that Supreme
Court.

(2) The Supreme Court of a State or Territory shall not make an order under
sub-section (1) that the court determine a proceeding unless it appears to
that Supreme Court that, by reason of the particular circumstances of the
case-

   (a)  it is not appropriate that the proceeding be transferred to the
        Federal Court; and

   (b)  it is appropriate that that Supreme Court determine the proceeding.

(3) Where the Supreme Court of a State or Territory makes an order under
sub-section (1) in relation to a proceeding, it is the duty of the court not
to proceed to determine the proceeding until the court is satisfied that-

   (a)  a notice in writing stating that the order has been made and
        specifying the nature of the special federal matter for determination
        in the proceeding has been given to the Attorney-General; and

   (b)  a reasonable time has elapsed since the giving of the notice for
        consideration by the Attorney-General of the question whether action
        should be taken under sub-section (7) in relation to the proceeding.

(4) For the purposes of this section, the Supreme Court of a State or
Territory in which a proceeding referred to in sub-section (1) is pending-

   (a)  may adjourn the proceeding for such time as the court thinks necessary
        and may make such order as to costs in relation to an adjournment as
        it thinks fit; and

   (b)  may direct a party to the proceeding to give a notice in accordance
        with sub-section (3).

(5) The Attorney-General may authorise the payment by the Commonwealth to a
party of an amount in respect of costs arising out of the adjournment of a
proceeding under this section, under a corresponding provision of a law of a
State or under this section and under such a provision.

(6) Nothing in this section prevents the Supreme Court of a State or Territory
granting urgent relief of an interlocutory nature where it is in the interests
of justice to do so.

(7) The Attorney-General may request the Supreme Court of a State or Territory
in which a proceeding referred to in sub-section (1) is pending to transfer
the proceeding to the Federal Court and, where such a request is made, that
Supreme Court shall transfer the proceeding to the Federal Court.

(8) Where, through inadvertence, the Supreme Court of a State or Territory
determines a proceeding of the kind referred to in sub-section (1) without-

   (a)  the court making an order under that sub-section that the proceeding
        be determined by that court; or

   (b)  a notice in accordance with sub-section (3) being given to the
        Attorney-General in relation to the proceeding, nothing in this
        section invalidates the decision of that court.

(9) This section does not apply to a proceeding by way of an appeal that is
instituted in the Full Court of the Supreme Court of a State or Territory if-

   (a)  the court the decision of which is the subject of the appeal had made
        an order under sub-section (1) in relation to the
        special federal matter; and

   (b)  the Attorney-General did not request the court referred to in
        paragraph (a) to transfer the proceeding to the Federal Court.