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COMPETITION AND CONSUMER ACT 2010 - SECT 138C Transfer of matters by the Federal Court

COMPETITION AND CONSUMER ACT 2010 - SECT 138C

Transfer of matters by the Federal Court

  (1)   Subject to subsection   (2), if:

  (a)   a civil proceeding instituted by a person (other than the Commonwealth Minister or the Commission) is pending in the Federal Court; and

  (b)   a matter for determination in the proceeding arises under this Part or the Australian Consumer Law;

the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the matter, and any other matter for determination in the proceeding, to a court of a State or a Territory.

  (2)   The Federal Court must not transfer a matter to another court under subsection   (1) unless:

  (a)   the other court has power to grant the remedies sought before the Federal Court in the matter; and

  (b)   it appears to the Federal Court that:

  (i)   the matter arises out of, or is related to, a proceeding that is pending in the other court; or

  (ii)   it is otherwise in the interests of justice that the matter be determined by the other court.

  (4)   If the Federal Court transfers a matter to another court under subsection   (1):

  (a)   further proceedings in the matter must be as directed by the other court; and

  (b)   the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.

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