Queensland Consolidated Acts

FEDERAL COURTS (STATE JURISDICTION) ACT 1999 - SECT 11

11 Certain proceedings may be treated as proceedings in the Supreme Court

(1) In this section—

"limitation law" means—

(a) the Limitation of Actions Act 1974 ; or

(b) any other law that provides for the limitation of liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced.

"relevant order" means—

(a) an order of a federal court, whether made before or after the commencement of this section, dismissing, striking out or staying a proceeding relating to a State matter for want of jurisdiction; or

(b) a declaration by a federal court, whether made before or after the commencement of this section, that it has no jurisdiction to hear and determine a proceeding relating to a State matter; or

(c) any other decision or determination by a federal court, whether made before or after the commencement of this section, that it has no jurisdiction to hear and determine a proceeding relating to a State matter.

(2) A person who was a party to a proceeding in which a relevant order is made may apply to the Supreme Court for an order that the proceeding be treated as a proceeding in the Supreme Court, and the Supreme Court may make such an order.

(3) If the Supreme Court makes an order under subsection (2) , the proceeding, despite the relevant order—

(a) becomes, and must be recorded by the Supreme Court as, a proceeding in the Supreme Court; and

(b) for the purposes of any limitation law and for all other purposes, is deemed to have been brought in the Supreme Court on the day on which the proceeding was first recorded as a proceeding in the federal court.

(4) The Supreme Court may make such ancillary orders in relation to an order under subsection (2) as it considers necessary for the purposes of the proceeding being treated as, becoming and being recorded as, a proceeding in the Supreme Court.