Western Australian Current Acts

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 27

27 .         Both court and SAT having jurisdiction, procedure etc. in case of

        (1)         If both a court and the Tribunal have jurisdiction to determine a matter, proceedings to determine the matter may be instituted either —

            (a)         before the court; or

            (b)         before the Tribunal,

                but not both.

        (2)         If a matter is before a court, the court may order it to be transferred to the Tribunal if —

            (a)         all parties to the matter so agree; or

            (b)         the court, on its own initiative or on the application of a party, decides it is in the interests of justice to do so.

        (3)         If a matter is before the Tribunal and is one that a court also has jurisdiction to determine, the Tribunal may order it to be transferred to the court if —

            (a)         all parties to the matter so agree; or

            (b)         the Tribunal, on its own initiative or on the application of a party, decides it is in the interests of justice to do so.

        (4)         Where —

            (a)         an unconscionable conduct application or misleading or deceptive conduct application has been made; and

            (b)         at the time it was made no issue arising under the application was the subject of civil proceedings before a court,

                a court has no jurisdiction to hear or determine such an issue in civil proceedings unless subsection (5) applies.

        (5)         This subsection applies if —

            (a)         an application referred to in subsection (4), or a part of such an application to which the issue referred to in subsection (4) relates, is withdrawn or is dismissed for want of jurisdiction; or

            (b)         as a result of judicial review, a court quashes or declares invalid an order, direction or determination of the Tribunal made in respect of the application on the ground that the Tribunal had no jurisdiction to hear and determine that issue.

        (6)         Where —

            (a)         an application referred to in subsection (4) has been made; and

            (b)         at the time it was made an issue arising under the application was the subject of civil proceedings before a court,

                the Tribunal, on becoming aware of those proceedings, ceases to have jurisdiction to hear or determine the issue unless subsection (7) applies.

        (7)         This subsection applies if —

            (a)         the proceedings referred to in subsection (6) are, or the part of those proceedings relating to the issue referred to in that subsection is, transferred to the Tribunal by the court concerned; or

            (b)         those proceedings are, or that part of those proceedings is, withdrawn or dismissed by the court, or by another court on appeal in those proceedings, for want of jurisdiction or without deciding the issue on its merits; or

            (c)         as a result of judicial review, a court quashes or declares invalid those proceedings or that part of those proceedings or any order, judgment or decision made in those proceedings in relation to the issue, on the ground that the court concerned had no jurisdiction to hear and determine the issue.

        [Section 27 amended: No. 55 of 2004 s. 130; No. 47 of 2006 s. 24; No. 5 of 2008 s. 22; No. 59 of 2011 s. 23.]