Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 194

Transfer of proceedings

             (1)  A prescribed court in which an action or proceeding under this Act has been started may, on the application of a party made at any stage, by an order, transfer the action or proceeding to another prescribed court having jurisdiction to hear and determine the action or proceeding.

Note:          For prescribed court see section 190.

             (2)  When a court transfers an action or proceeding to another court:

                     (a)  all relevant documents of record filed in the transferring court must be sent to the other court by the Registrar or other appropriate officer of the transferring court; and

                     (b)  the action or proceeding must continue in the other court as if:

                              (i)  it had been started there; and

                             (ii)  all steps taken in the transferring court had been taken in the other court.



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