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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 34B
Applications or appeals involving federal jurisdiction may be made to authorised court
34B Applications or appeals involving federal jurisdiction may be made to
authorised court
(1) A person with standing to make an original application or external appeal
may, with the leave of an authorised court, make the application or appeal to
the court instead of the Tribunal.
(2) The authorised court may grant leave
for the application or appeal to be made to the court only if it is satisfied
that-- (a) the application or appeal was first made with the Tribunal, and
(b) the determination of the application or appeal by the Tribunal would
involve an exercise of federal jurisdiction, and
(c) the Tribunal would
otherwise have had original jurisdiction or external appellate jurisdiction
enabling it to determine the application or appeal, and
(d)
substituted proceedings on the application or appeal would be within the
jurisdictional limit of the court.
(3) An application for leave must be-- (a)
filed with the authorised court along with-- (i) an application or appeal that
has been completed in the form and manner required under this Act for the kind
of application or appeal concerned, and
(ii) if the parties to the
application or appeal have reached a settlement before leave is sought using a
resolution process referred to in section 37--a copy of the terms of
settlement, and
(b) accompanied by the applicable fee (if any) payable in
the Tribunal for the application or appeal unless it has already been paid to
the Tribunal.
(4) If an appeal is made under this Act in relation to any
matter in issue in the application or appeal-- (a) for an appeal lodged before
the application for leave is made to an authorised court--the court cannot
grant leave unless and until the appeal is determined, or
(b) for an appeal
lodged on or after leave is granted by an authorised court--proceedings in the
court concerning the application or appeal are stayed until the appeal made
under this Act is determined.
(5) An authorised court may remit an
application or appeal to the Tribunal to determine the application or appeal
if the court is satisfied that the Tribunal has jurisdiction to determine it.
The court may do so instead of granting leave or after granting leave.
(6) An
authorised court that remits an application or appeal to the Tribunal may make
such orders that it considers appropriate to facilitate the determination of
the application or appeal by the Tribunal.
(7) The Tribunal is to determine
any application or appeal that is remitted to it in accordance with any orders
made by the authorised court.
(8) The following provisions apply if the
authorised court is the District Court-- (a) the District Court may grant
leave and then transfer the proceedings on the application or appeal to the
Local Court in accordance with the provisions of Division 2 (Transfer of
proceedings from higher to lower court) of Part 9 of the Civil Procedure Act
2005 ,
(b) if a transfer order is made under that Division, this Part applies
to the proceedings as if the Local Court had granted leave for the application
or appeal to be made to it instead of the Tribunal.
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