Commonwealth Numbered Acts

JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT 39

39. Sections 35 and 36 of the Principal Act are repealed and the following
sections substituted: Appeals from orders under section 34
''35. The Commissioner or the objector may appeal against an order of a
Supreme Court under section 34 made in proceedings instituted on or after the
date of commencement of this section-

   (a)  to the Federal Court of Australia; or

   (b)  by special leave of the High Court, to that Court. Case stated to
        Federal Court of Australia
''36. (1) The Supreme Court in which an appeal is instituted in accordance
with section 34, may, if it thinks fit, state a case in writing for the
opinion of the Federal Court of Australia upon a question of law arising on
the appeal.

''(2) A Full Court of the Federal Court of Australia shall hear and, by order,
determine the question, and remit the case with its opinion to the Supreme
Court and may make such order as to the costs of the case stated as it thinks
fit. Appeals to High Court
''36A. An appeal does not lie from a decision of the Federal Court of
Australia in a matter under this Part unless the High Court gives special
leave to appeal. Transfer of proceedings
''36B. (1) A Supreme Court in which proceedings under this Part have been
instituted, 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.

''(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 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.''.