ADMIRALTY ACT 1988 - SECT 27 Transfer

ADMIRALTY ACT 1988 - SECT 27

  (1)   Where a proceeding commenced under this Act is pending in the Federal Court, in the Federal Circuit and Family Court of Australia (Division   2) , in the Supreme Court of a State or Territory or in a court of a State or Territory exercising jurisdiction under section   11, the court (in this section called the first court ) may, at any stage of the proceeding, upon application or on its own motion, by order, transfer the proceeding to some other court that has jurisdiction under this Act with respect to the subject - matter of the claim (in this section called the second court ).

  (2)   Subsection   ( 1) does not authorise the transfer of a proceeding commenced as an action in rem to a court that does not, apart from the operation of subsection   28(7), have jurisdiction in respect of proceedings so commenced.

  (3)   Where a proceeding has been so transferred, the second court shall proceed as if:

  (a)   the proceeding had been commenced in that court;

  (b)   the same or similar steps in the proceeding had been taken in that court as were taken in the first court; and

  (c)   the orders and directions made by the first court in the proceeding had been made by the second court.