Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 53

53 Transfer from a court

(1) If a proceeding is started in a court and the subject matter of the proceeding could be heard by the tribunal under this Act, the court may, by order, transfer the proceeding to the tribunal.

(2) If a court transfers a proceeding to the tribunal under subsection (1) —

(a) the proceeding is taken to have been started before the tribunal when it was started in the court; and

(b) the court may make the orders and give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, an enabling Act or the rules for starting a proceeding before the tribunal.

(3) An order under subsection (2) (b) has effect despite any provision of this Act, an enabling Act or the rules.

(4) A court may act under this section on the application of a party to the proceeding or on its own initiative.