New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 146

146 Transfer of proceedings to lower court

(cf Act No 9 1973, section 143; Act No 11 1970, section 21F)

(1) If the Supreme Court is satisfied, in relation to proceedings before it--

(a) that the proceedings could properly have been commenced in the District Court or the Local Court, and

(b) that any cross-claim in the proceedings could properly have been brought as a cross-claim in the District Court or the Local Court,

the Supreme Court may order that the proceedings, including any such cross-claim, be transferred to the District Court or to the Local Court, as the case requires.

(2) If the District Court is satisfied, in relation to proceedings before it--

(a) that the proceedings could properly have been commenced in the Local Court, and

(b) that any cross-claim in the proceedings could properly have been brought as a cross-claim in the Local Court,

the District Court may order that the proceedings, including any such cross-claim, be transferred to the Local Court.

(3) In determining--

(a) whether any proceedings could properly have been commenced in the lower court, or

(b) whether any cross-claim could properly have been brought in the lower court,

the higher court must have regard to the current limits of the lower court's jurisdiction as if they had been the limits of that jurisdiction when the proceedings were commenced, or the cross-claim brought, in the higher court.

(4) Proceedings in the Supreme Court on a claim for damages arising from personal injury or death are to be transferred under this section unless the Supreme Court is satisfied--

(a) in the case of a motor accident claim or workplace injury damages claim--

(i) that the amount to be awarded to the plaintiff, if successful, is likely to be more than $1,000,000, and

(ii) that the case involves complex legal issues or issues of general public importance, or

(b) in any other case--

(i) that the amount to be awarded to the plaintiff, if successful, is likely to exceed the jurisdictional limit of the District Court, or

(ii) that there is other sufficient reason for hearing the proceedings in the Supreme Court.

(5) This section extends to proceedings that have been transferred to the Supreme Court or the District Court pursuant to a previous transfer order under Division 1.