Commonwealth Numbered Acts

JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT 29

29. Before section 29 of the Principal Act the following sections are inserted
in Part IV:
''28A. In this Part, unless the contrary intention appears, 'Supreme Court'
means-

   (a)  the Supreme Court of a State; or

   (b)  the Supreme Court of the Australian Capital Territory or the Supreme
        Court of the Northern Territory of Australia, being a Court having
        jurisdiction in the proceedings concerned. Jurisdiction of Supreme
        Courts of Territories
''28B. (1) Jurisdiction under this Part is conferred on the Supreme Court of
the Australian Capital Territory or the Supreme Court of the Northern
Territory of Australia only in a proceeding arising out of a determination
made in relation to a person who, at the time of the institution of the
proceeding-

   (a)  in the case of an individual-was ordinarily resident in the Australian
        Capital Territory or the Northern Territory, as the case may be; or

   (b)  in the case of a company-had its principal place of business in the
        Australian Capital Territory or the Northern Territory, as the case
        may be.

''(2) In this section, 'the Australian Capital Territory' includes the Jervis
Bay Territory. Transfer of proceedings
''28C. (1) A Supreme Court in which proceedings under this Part have been
instituted (whether it has jurisdiction in the proceedings or not) may, if the
Court thinks fit, upon the application of a party made at any stage in the
proceedings, by order, transfer the proceedings to another Supreme Court
having jurisdiction under this Part.

''(2) Where proceedings are transferred from a Court in pursuance of this
section-

   (a)  all documents filed of record in that Court shall be transmitted by
        the Registrar or other proper officer of that Court to the Registrar
        or other proper officer of the Court to which the proceedings are
        transferred; and

   (b)  the Court to which the proceedings are transferred shall proceed as if
        the proceedings had been originally instituted in that Court and as if
        the same proceedings had been taken in that Court as had been taken in
        the Court from which the proceedings were transferred.''.