(1)

The Court may, at the request of a party or of its own motion, transfer a proceeding to the Federal Court or the Family Court.

(2)

Unless the Court otherwise orders, a request for transfer must be made on or before the first court date for the proceeding.

(3)

Unless the Court otherwise orders, the request must be included in a response or made by application supported by an affidavit.

(4) In addition to the factors required to be considered by the Court under subsections 39 (3) and (4) of the Act for transfer of proceedings to the Federal Court or the Family Court, the following factors are relevant:

(a)

whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Court or the Family Court on one or more of the points in issue;

(b)

whether, if the proceeding is transferred, it is likely to be heard and determined at less cost and more convenience to the parties than if the proceeding is not transferred;

(c)

whether the proceeding will be heard earlier in the Federal Magistrates Court;

(d)

the availability of particular procedures appropriate for the class of proceeding;

(e)

the wishes of the parties.

Note 1
Subsection 39 (3) of the Act provides that, in deciding whether to transfer a proceeding to the Federal Court, the Court must have regard to:
* the factors set out in these Rules to be taken into account
* whether proceedings in respect of an associated matter are pending in the Federal Court
* whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding
* the interests of the administration of justice.
Note 2
Subsection 39 (4) of the Act provides that, in deciding whether to transfer a proceeding to the Family Court, the Court must have regard to:
* the factors set out in these Rules to be taken into account
* whether proceedings in respect of an associated matter are pending in the Family Court
* whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding
* the interests of the administration of justice.