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COMPETITION AND CONSUMER ACT 2010 - SECT 138D

Transfer of matters by a State or Territory court

             (1)  This section applies if:

                     (a)  a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory; and

                     (b)  a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under:

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

                             (ii)  Part 3-5 of the Australian Consumer Law; or

                            (iii)  Chapter 4 of the Australian Consumer Law.

             (2)  The court must, if directed to do so by the Federal Court, transfer to the Federal Court:

                     (a)  the matter; and

                     (b)  such other matters for determination in the proceeding, the determination of which would (apart from any law of a State or of the Northern Territory relating to cross-vesting of jurisdiction) be within the jurisdiction of the Federal Court, as the Federal Court determines.

             (3)  Subject to subsection (4), the court may, on the application of a party to the proceeding or of its own motion, transfer the matter to a court (other than the Supreme Court) of another State or Territory.

             (4)  The court (the first court ) must not transfer a matter to another court under subsection (3) unless:

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

                     (b)  it appears to the first 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.

             (5)  If the court transfers a matter to another court under subsection (3), further proceedings in the matter must be as directed by the other court.



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