Commonwealth Numbered Acts

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Judiciary Amendment Act (No. 2) 1984 No. 12 of 1984 - SECT 6

Remittal of matters by High Court to other courts

6. Section 44 of the Principal Act is amended-

   (a)  by inserting ''other than a matter to which sub-section (2) applies''
after ''matter'' (first occurring); and

   (b)  by adding at the end thereof the following sub-sections:

''(2) Where a matter referred to in paragraph 38 (a), (b), (c) or (d) is at
any time pending in the High Court, the High Court may, upon the application
of a party or of the High Court's own motion, remit the matter, or any part of
the matter, to the Federal Court of Australia or any court of a State or
Territory.

''(3) Where the High Court remits a matter, or any part of a matter, under
sub-section (2) to a court-

   (a)  that court has jurisdiction in the matter, or in that part of the
        matter, as the case may be; and

   (b)  subject to any directions of the High Court, further proceedings in
        the matter, or in that part of the matter, as the case may be, shall
        be as directed by that court.''. 


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