JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 6 Special federal matters: general rules

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 6

  (1)   If:

  (a)   a matter for determination in a proceeding that is pending in the Supreme Court of a State or Territory is a special federal matter; and

  (b)   the court does not make an order under subsection   (3) in respect of the matter;

the court must transfer the proceeding in accordance with this section to the Federal Court or a court mentioned in paragraph   (2)(b).

Note:   This section has effect subject to section   6A (Special federal matters: Commonwealth authorities or officers acting under the laws of States).

  (1A)   However, the court must only transfer so much of the proceeding as is, in the opinion of the court, within the jurisdiction (including the accrued jurisdiction) of the Federal Court, or the court mentioned in paragraph   (2)(b), as the case may be.

  (2)   If the court orders that a proceeding or part of a proceeding be transferred, the proceeding or part of the proceeding must be transferred:

  (a)   if the matter for determination in the proceeding is a matter mentioned in paragraph   (a), (b), (c) or (e) of the definition of special federal matter in subsection   3(1)--to the Federal Court; or

  (b)   if the matter for determination in the proceeding is a matter mentioned in paragraph   (ab) of that definition--to whichever of the Federal Circuit and Family Court of Australia (Division   1), the Family Court of Western Australia or the Supreme Court of the Northern Territory, in the opinion of the court, is appropriate in the circumstances.

  (3)   The Supreme Court may order that the proceeding be determined by that court if it is satisfied that there are special reasons for doing so in the particular circumstances of the proceeding other than reasons relevant to the convenience of the parties.

  (4)   Before making an order under subsection   (3), the court must be satisfied that:

  (a)   a written notice specifying the nature of the special federal matter has been given to the Attorney - General of the Commonwealth and the Attorney - General of the State or Territory where the proceeding is pending; and

  (b)   a reasonable time has elapsed since the giving of the notice for the Attorneys - General to consider whether submissions to the court should be made in relation to the proceeding.

  (5)   For the purposes of subsection   (4), the court:

  (a)   may adjourn the proceeding for such time as the court thinks necessary and may make such order as to costs in relation to an adjournment as it thinks fit; and

  (b)   may direct a party to the proceeding to give a notice in accordance with that subsection.

  (6)   In considering whether there are special reasons for the purposes of subsection   (3), the court must:

  (a)   have regard to the general rule that special federal matters should be heard by the Federal Court or a court mentioned in paragraph   (2)(b), whichever is appropriate in the particular case; and

  (b)   take into account any submission made in relation to the proceeding by an Attorney - General mentioned in subsection   (4).

  (7)   The Attorney - General may authorise the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of a proceeding under this section, under a corresponding provision of a law of a State or under this section and under such a provision.

  (8)   Nothing in this section prevents the court granting urgent relief of an interlocutory nature if it is in the interests of justice to do so.

  (9)   Where, through inadvertence, the Supreme Court of a State or Territory determines a proceeding of the kind mentioned in subsection   (1) without:

  (a)   the court making an order under subsection   (3) that the proceeding be determined by that court; or

  (b)   a notice mentioned in subsection   (4) being given;

nothing in this section invalidates the decision of that court.

  (10)   This section does not apply to an appeal that is instituted in the Full Court of the Supreme Court of a State or Territory if the court whose decision is the subject of the appeal had made an order under subsection   (3), or under subsection   6(1) as in force before the commencement of the amendments of this Act made by the Law and Justice Legislation Amendment Act (No.   3) 1992 , in relation to the special federal matter.