Commonwealth Numbered Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 No. 24 of 1987 - SECT 8

8. (1) Where-
(a) a proceeding (in this sub-section referred to as the "relevant
proceeding") is pending in-

        (i)    a court, other than the Supreme Court, of a Territory; or

        (ii)   a tribunal established by or under a law of a Territory; and

   (b)  it appears to the Supreme Court of that Territory that-

        (i)    the relevant proceeding arises out of, or is related to,
               another proceeding pending in the Federal Court, the
               Family Court, the Supreme Court of a State or the Supreme Court
               of another Territory and, if an order is made under this
               sub-section in relation to the relevant proceeding, there would
               be grounds on which that other proceeding could be transferred
               to the Supreme Court of that first-mentioned Territory; or

        (ii)   an order should be made under this sub-section in relation to
               the relevant proceeding so that consideration can be given to
               whether the relevant proceeding should be transferred to
               another court, the Supreme Court of that first-mentioned
               Territory may, on the application of a party to the relevant
               proceeding or of its own motion, make an order removing the
               relevant proceeding to that Supreme Court.

(2) Where an order is made under sub-section (1) in relation to a proceeding,
this Act applies in relation to the proceeding as if it were a proceeding
pending in the court to which it was removed.

(3) Where a proceeding is removed to a court in accordance with an order made
under sub-section (1), that court may, if the court considers it appropriate
to do so, remit the proceeding to the court or tribunal from which the
proceeding was removed.