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COMPETITION AND CONSUMER ACT 2010 - SECT 138C

Transfer of matters by the Federal Court

             (1)  Subject to subsections (2) and (3), 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.

             (3)  Subsection (1) does not apply in relation to a matter arising under:

                     (a)  Division 3 of Part 3-1 of the Australian Consumer Law; or

                     (b)  Part 3-5 of the Australian Consumer Law.

             (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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