Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 40

             (1)  The Rules of Court may make provision in relation to transfers of proceedings to the Federal Court under subsection 39(1).

             (2)  In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Magistrates Court in deciding whether to transfer a proceeding to the Federal Court under subsection 39(1).

             (3)  The Rules of Court may make provision in relation to transfers of proceedings to the Family Court under subsection 39(1).

             (4)  In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Magistrates Court in deciding whether to transfer a proceeding to the Family Court under subsection 39(1).

             (5)  In making Rules of Court for the purposes of this section, the Federal Magistrates, or a majority of them, must have regard to:

                     (a)  whether particular matters could be more appropriately dealt with in the Federal Court or the Family Court; and

                     (b)  whether the resources of the Federal Magistrates Court are sufficient to deal with particular matters; and

                     (c)  the interests of the administration of justice; and

                     (d)  anything else that the Federal Magistrates, or a majority of them, considers relevant.

             (6)  Before Rules of Court are made for the purposes of subsection (1) or (2), the Federal Magistrates Court must consult the Federal Court.

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