FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 46 Transfer of proceedings from court of summary jurisdiction in certain cases.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 46

46. (1) Where proceedings are instituted in a court of summary jurisdiction
with respect to-

   (a)  the custody or guardianship of, or access to, a child of a marriage;
        or

   (b)  property of a value exceeding $1,000, and the respondent, in an answer
        to the application by which the proceedings were instituted, seeks an
        order different from that sought in the application, the court shall,
        unless the parties agree to the court hearing and determining the
        proceedings, transfer the proceedings to the Family Court or to the
        Supreme Court of a State or Territory.

(2) Where proceedings referred to in sub-section (1) are before it, the court
may transfer the proceedings of its own motion, notwithstanding that the
parties would be willing for the court to hear and determine the proceedings.

(3) Before transferring proceedings under sub-section (1), the court may make
such orders, including an order under section 62, as it considers necessary
pending the disposal of the proceedings by the court to which they are to be
transferred.

(4) Where proceedings are transferred to a court in pursuance of this section,
that court shall proceed as if the proceedings had been originally instituted
in that court.

(5) Without prejudice to the duty of a court of summary jurisdiction to comply
with this section, failure by such a court so to comply does not invalidate
any order of the court in the proceedings.