JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - NOTES
JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - NOTES
No. 24, 1987
Compilation No. 23
Compilation date: 6 February 2023
Includes amendments up to: Act No. 79, 2022
Registered: 6 February 2023
About this compilation
This compilation
This is a compilation of the Jurisdiction of Courts (Cross-vesting) Act 1987 that shows the text of the law as amended and in force on 6 February 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation and application
4 Additional jurisdiction of certain courts
5 Transfer of proceedings
6 Special federal matters: general rules
6A Special federal matters: Commonwealth authorities or officers acting under the laws of States
7 Institution and hearing of appeals
8 Orders by Supreme Court of a Territory
9 Exercise of jurisdiction pursuant to cross-vesting laws
10 Transfer of matters arising under the Australian Consumer Law
11 Conduct of proceedings
12 Orders as to costs
13 Limitation on appeals
14 Enforcement and effect of judgments
15 Construction of Act to be subject to Constitution
16 Suspension or cessation of operation of Act
Schedule
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
WHEREAS inconvenience and expense have occasionally been caused to litigants by jurisdictional limitations in federal, State and Territory courts, and whereas it is desirable, so far as is constitutionally possible:
(a) to establish a system of cross -vesting of jurisdiction between those courts, without detracting from the existing jurisdiction of any court;
(b) to structure the system in such a way as to ensure as far as practicable that proceedings concerning matters which, apart from this Act and any law of a State relating to cross -vesting of jurisdiction, would be entirely or substantially within the jurisdiction (other than any accrued jurisdiction) of the Federal Court or the Federal Circuit and Family Court of Australia (Division 1) or the jurisdiction of a Supreme Court of a State or Territory are instituted and determined in that court, whilst providing for the determination by one court of federal and State matters in appropriate cases; and
(c) if a proceeding is instituted in a court that is not the appropriate court, to provide a system under which the proceeding will be transferred to the appropriate court.
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Jurisdiction of Courts (Cross-vesting) Act 1987 | 24, 1987 | 26 May 1987 | 1 July 1988 (see Gazette 1988, No. S191) |
|
87, 1988 | 8 Nov 1988 | ss. 1 and 2: Royal Assent | s. 95 | |
Trade Practices (Misuse of Trans-Tasman Market Power) Act 1990 | 70, 1990 | 16 June 1990 | 1 July 1990 (see Gazette 1990, No.S172) | -- |
83, 1990 | 30 Oct 1990 | 30 Apr 1991 | -- | |
165, 1992 | 11 Dec 1992 | s 3(1): 11 Dec 1992 (s 2(1) | ||
222, 1992 | 24 Dec 1992 | 21 Jan 1993 | -- | |
98, 1993 | 22 Dec 1993 | s 50, 51: 30 Mar 1994 (s 2(6) and gaz 1994, No S104) | -- | |
110, 1993 | 24 Dec 1993 | -- | ||
88, 1995 | 20 July 1995 | Sch 2: 17 Aug 1995 (s 2(1)) | -- | |
140, 1995 | 12 Dec 1995 | Sch 1 (item 44): 11 June 1996 (s 2(2)) | -- | |
Workplace Relations and Other Legislation Amendment Act 1996 | 60, 1996 | 25 Nov 1996 | Sch 17 (items 12, 13): 17 Jan 1997 (s 2(2) and gaz 1997, No S18) | -- |
as amended by |
|
|
|
|
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 | 77, 1996 | 19 Dec 1996 | Sch 3 (item 1): 25 Nov 1996 (s 2(4)) | -- |
34, 1997 | 17 Apr 1997 | Sch 12: 17 Apr 1997 (s 2(1)) | -- | |
57, 2000 | 30 May 2000 | Sch 1 (items 57-69): 1 July 2000 (s 2(2) and gaz 2000, No. GN25) | -- | |
135, 2001 | 1 Oct 2001 | Sch 1-7 and 9-12: 12 Oct 2001 (s 2(2) and gaz 2001, No. S428) | -- | |
148, 2003 | 17 Dec 2003 | Sch 2 (item 14): 17 June 2004 (s 2(1) item 2) | -- | |
Building and Construction Industry Improvement (Consequential and Transitional) Act 2005 | 112, 2005 | 12 Sept 2005 | s 4, 5(1), (3), (4) and Sch 1 (items 8, 9, 11): 9 Mar 2005 | -- |
113, 2006 | 23 Oct 2006 | Sch 2: 1 Mar 2007 (s 2(1) item 2) | Sch 2 (item 2) | |
42, 2008 | 25 June 2008 | Sch 1 (item 5): 26 June 2008 (s 2(1) item 2) | -- | |
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | 54, 2009 | 25 June 2009 | Sch 5 (item 39): 1 July 2009 (s 2(1) item 13) | -- |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 70-72, 165): 1 Jan 2011 (s 2(1) items 3, 5, 7) | -- |
Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 | 88, 2016 | 1 Dec 2016 | Sch 1 (item 5) and Sch 2: 2 Dec 2016 (s 2(1) items 2, 4) | Sch 2 |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 | 92, 2017 | 23 Aug 2017 | Sch 2 (items 20-23) and Sch 4: 23 Aug 2017 (s 2(1) item 1) | Sch 4 |
13, 2021 | 1 Mar 2021 | Sch 2 (items 506-527): 1 Sept 2021 (s 2(1) item 5) | -- | |
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 | 79, 2022 | 6 Dec 2022 | Sch 1 (item 315): 6 Feb 2023 (s 2(1) item 7) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Building and Construction Industry Improvement Amendment (Transition to Fair Work) Regulation 2012 (SLI No. 80, 2012) | 29 May 2012 (F2012L01109) | 1 June 2012 (s 1.2) | -- |
Provision affected | How affected |
Preamble................. | am No 57, 2000; No 13, 2021 |
s 3..................... | am No 165, 1992; No 98, 1993; No 88, 1995; No 140, 1995; No 60, 1996; No 34, 1997; No 57, 2000; No 135, 2001; No 103, 2010; No 13, 2021 |
s 4..................... | am No 87, 1988; No 70, 1990; No 98, 1993; No 110, 1993; No 60, 1996; No 34, 1997; No 112, 2005; No 54, 2009; No 103, 2010; SLI 2012 No 80; No 88, 2016; No 13, 2021; No 79, 2022 |
s 5..................... | am No 57, 2000; No 13, 2021 |
s 6..................... | rs No 165, 1992 |
| am No 57, 2000; No 135, 2001; No 13, 2021 |
s 6A.................... | ad No 57, 2000 |
| am No 13, 2021 |
s 7..................... | am No 13, 2021 |
s 8..................... | am No 13, 2021 |
s 9..................... | am No 57, 2000; No 13, 2021 |
s 10.................... | am No 222, 1922; No 103, 2010; No 13, 2021 |
s 11.................... | am No 13, 2021 |
s 14.................... | am No 13, 2021 |
s 16.................... | am No 13, 2021 |
Schedule................. | am No 83, 1990; No 148, 2003; No 113, 2006; No 42, 2008 |