Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 32AB

             (1)  If a proceeding is pending in the Court, the Court may, by order, transfer the proceeding from the Court to the Federal Magistrates Court.

             (2)  The Court may transfer a proceeding under subsection (1):

                     (a)  on the application of a party to the proceeding; or

                     (b)  on its own initiative.

             (3)  The Rules of Court may make provision in relation to transfers of proceedings to the Federal Magistrates Court under subsection (1).

             (4)  In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1).

             (5)  Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Magistrates Court.

             (6)  In deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1), the Court must have regard to:

                     (a)  any Rules of Court made for the purposes of subsection (4); and

                     (b)  whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and

                     (c)  whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and

                     (d)  the interests of the administration of justice.

             (7)  If an order is made under subsection (1), the Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Magistrates Court.

             (8)  An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under subsection (1).

          (8A)  The Federal Magistrates Court has jurisdiction in a matter that:

                     (a)  is the subject of a proceeding transferred to the court under this section; and

                     (b)  is a matter in which the court does not have jurisdiction apart from this subsection.

To avoid doubt, the court's jurisdiction under this subsection is not subject to limits set by another provision.

             (9)  The reference in subsection (1) to a proceeding pending in the Court includes a reference to a proceeding that was instituted in contravention of section 32AA.

           (10)  This section does not apply to proceedings of a kind specified in the regulations.