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This is a Bill, not an Act. For current law, see the Acts databases.
Civil Procedure Amendment (Transfer
of Proceedings) Bill 2009
No , 2009
A Bill for
An Act to amend the Civil Procedure Act 2005 to enable the transfer of proceedings
between the Supreme Court and the Land and Environment Court.
Clause 1 Civil Procedure Amendment (Transfer of Proceedings) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Civil Procedure Amendment (Transfer of Proceedings) 3
Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Civil Procedure Amendment (Transfer of Proceedings) Bill 2009
Amendment of Civil Procedure Act 2005 No 28 Schedule 1
Schedule 1 Amendment of Civil Procedure Act 2005 1
No 28 2
Part 9 Transfer of proceedings between courts 3
Omit Division 2A of Part 9. Insert instead: 4
Division 2A Transfer of proceedings between Supreme 5
Court and Land and Environment Court 6
149A Definitions 7
(1) In this Division: 8
transfer order means an order referred to in section 149B (1) 9
or (2). 10
transferee court means the court to which proceedings are to be 11
transferred pursuant to a transfer order. 12
transferor court means the court from which proceedings are 13
transferred pursuant to a transfer order. 14
(2) For the purposes of this Division, proceedings are related if the 15
matters with which they deal are so closely associated as to form 16
part of the same controversy. 17
149B Transfer of proceedings between Supreme Court and Land and 18
Environment Court 19
(1) If either the Supreme Court or the Land and Environment Court 20
is satisfied, in relation to proceedings before it, that it is more 21
appropriate for the proceedings to be heard in the other court, it 22
may, on application by a party to the proceedings or of its own 23
motion, order that the proceedings be transferred to the other 24
court. 25
(2) If either the Supreme Court or the Land and Environment Court 26
is satisfied, in relation to proceedings before it, that: 27
(a) there are related proceedings pending in the other court, 28
and 29
(b) it is more appropriate for the proceedings to be heard, 30
together with the related proceedings, in the other court, 31
it may, on application by a party to the proceedings or of its own 32
motion, order that the proceedings be transferred to the other 33
court and heard together with the related proceedings. 34
(3) No appeal lies against a decision of the transferor court to make, 35
or not to make, an order under this section. 36
Page 3
Civil Procedure Amendment (Transfer of Proceedings) Bill 2009
Schedule 1 Amendment of Civil Procedure Act 2005 No 28
149C Transfer orders 1
(1) A transfer order takes effect when it is made. 2
(2) A transfer order does not invalidate any order made or other thing 3
done in the proceedings before the order was made. 4
(3) Any order made by the transferor court (other than the transfer 5
order) may be varied or revoked by an order of the transferee 6
court. 7
149D Proceedings after transfer 8
(1) Subject to the rules of court applicable in the transferee court: 9
(a) any proceedings with respect to which a transfer order 10
takes effect continue in the transferee court: 11
(i) as if the proceedings had been duly commenced in 12
the transferee court on the date on which they were 13
commenced in the transferor court, and 14
(ii) as if any cross-claim in the proceedings had been 15
duly made in the transferee court on the date on 16
which it was made in the transferor court, and 17
(b) any proceedings with respect to which a transfer order 18
under section 149B (2) takes effect are to be heard together 19
with, and are taken to form part of, the related proceedings 20
in the transferee court. 21
(2) For the purposes of any proceedings continued in the transferee 22
court: 23
(a) any admission duly made in the transferor court is to be 24
treated as if it had been made in the transferee court, and 25
(b) in the case of proceedings affected by a transfer order 26
under section 149B (2), any process or other 27
documentation before the transferee court may be 28
amended so as to reflect the merger of the proceedings 29
concerned. 30
(3) Subject to the rules of court applicable in the transferee court, the 31
power of the transferee court to make orders as to costs includes 32
a power to make orders with respect to the costs of: 33
(a) the application for, and the making of, the transfer order, 34
and 35
(b) any step taken in the proceedings before the transfer order 36
was made. 37
Page 4
Civil Procedure Amendment (Transfer of Proceedings) Bill 2009
Amendment of Civil Procedure Act 2005 No 28 Schedule 1
149E Jurisdiction of transferee court 1
The transferee court has, and may exercise, all of the jurisdiction 2
of the transferor court in relation to any proceedings to which a 3
transfer order relates, including jurisdiction to determine any 4
question arising in any such proceedings. 5
Page 5
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