Commonwealth Numbered Acts

TERRITORIES LAW REFORM ACT 1992 No. 104 of 1992 - SECT 19

19. Part IVAA of the Principal Act is repealed and the following Part is
substituted:

"PART IVAA - CONFERRAL OF TERRITORY JURISDICTION ON
WESTERN AUSTRALIAN COURTS ETC. Definitions

"15AAA. In this Part:
'Family Court of Western Australia' means the Court established by the
Family Court Act 1975 of Western Australia;
'judicial officer of Western Australia' means a Judge, magistrate (however
described), Justice of the Peace or Coroner appointed under a law of Western
Australia;
'transfer day' means the day on which this Part commences. Conferral of
jurisdiction on Western Australian courts and judicial officers

"15AAB.(1) Subject to this Part and any law in force in the Territory, the
courts and judicial officers of Western Australia have jurisdiction in and in
relation to the Territory as if the Territory were part of Western Australia.

"(2) Subject to any law in force in the Territory, a court or judicial officer
of Western Australia may, in exercising jurisdiction under this section, sit
in the Territory or Western Australia.

"(3) Subject to any law in force in the Territory, the practice and procedure
applicable to a court or judicial officer exercising jurisdiction under this
section are to be the practice and procedure as in force from time to time in
relation to that court or judicial officer in Western Australia. Transfer of
Supreme Court jurisdiction

"15AAC.(1) This section applies to the jurisdiction vested in or exercisable
by the Supreme Court of the Territory or a judge of that Court immediately
before the transfer day, except in relation to matters for which:

   (a)  proceedings were pending in that Court immediately before that day; or

   (b)  proceedings had been completed in that Court before that day.

"(2) On and after the transfer day, the jurisdiction:

   (a)  ceases to be vested in the Supreme Court of the Territory or a Judge
        of that Court; and

   (b)  is vested in:

        (i)    if the Family Court of Western Australia or a Judge of that
               Court would, apart from this section, have the jurisdiction
               under subsection 15AAB(1) - the Family Court of Western
               Australia or a Judge of that Court (as the case requires); or

        (ii)   if the District Court of Western Australia or a Judge of that
               Court would, apart from this section, have the jurisdiction
               under subsection 15AAB(1) - the District Court of Western
               Australia or a Judge of that Court (as the case requires); or

        (iii)  if the Children's Court of Western Australia or a Judge of that
               Court would, apart from this section, have the jurisdiction
               under subsection 15AAB(1) - the Children's Court of Western
               Australia or a Judge of that Court (as the case requires); or

        (iv)   in any other case - the Supreme Court of Western Australia or a
               Judge of that Court (as the case requires). Transfer of pending
               proceedings

"15AAD.(1) On and after the transfer day, the parties to proceedings in a
matter pending in the Supreme Court of the Territory ('Territory Court') may
apply to that Court to transfer the proceedings to:

   (a)  if the proceedings relate only to a matter of a kind that is within
        the jurisdiction of the Family Court of Western Australia - the Family
        Court of Western Australia; or

   (b)  if the proceedings relate only to a matter of a kind that is within
        the jurisdiction of the District Court of Western Australia - the
        District Court of Western Australia; or

   (c)  if the proceedings relate only to a matter of a kind that is within
        the jurisdiction of the Children's Court of Western Australia - the
        Children's Court of Western Australia; or

   (d)  in any other case - the Supreme Court of Western Australia.

"(2) If the Territory Court decides that it is not contrary to the interests
of justice to grant the application, the Court is to transfer the proceedings
to the relevant Court ('State Court') and:

   (a)  the State Court may hear and determine the proceedings; and

   (b)  all documents filed of record in the Territory Court in the
        proceedings are to be transmitted to the State Court; and

   (c)  any money lodged with the Territory Court in relation to the
        proceedings is to be transferred to the State Court and is taken to be
        money lodged with the State Court in relation to the proceedings; and

   (d)  everything done in or in relation to the proceedings in the Territory
        Court is taken to have been done in the State Court. Application of
        provisions of this Act to courts of Western Australia

"15AAE. In relation to the exercise of jurisdiction by a court of Western
Australia or a Judge or an officer mentioned in this Part, this Act has effect
as if:

   (a)  a reference in this Act to an indictment court included a reference to
        the Supreme Court of Western Australia; and

   (b)  a reference in this Act to a Judge of an indictment court included a
        reference to a Judge of the Supreme Court of Western Australia; and

   (c)  a reference in this Act to the Registrar of an indictment court
        included a reference to a person who has the powers and functions of
        the Registrar of the Supreme Court of Western Australia in the
        application of the Supreme Court Act 1935 of Western Australia in the
        Territory; and

   (d)  a reference in this Act to the Sheriff of an indictment court included
        a reference to a person who has the powers and functions of the
        sheriff of the Supreme Court of Western Australia in the application
        of the Supreme Court Act  1935 of Western Australia in the Territory;
        and

   (e)  a reference in section 16 to a Territory court included a reference to
        a Western Australian court exercising jurisdiction in or in relation
        to the Territory under a law of the Territory; and

   (f)  a reference in paragraph 16(c) to a person who holds an office in
        relation to a Territory court included a reference to a person who has
        the powers or duties mentioned in that paragraph in relation to the
        Territory under a law of the Territory. Savings - jurisdiction of
        Supreme Court of the Territory on and after transfer day

"15AAF. Part IVAA of this Act as in force immediately before the transfer day
continues in force in relation to any matter in respect of which the Supreme
Court of the Territory or a Judge of that Court continues to have jurisdiction
on or after that day. Abolition of Supreme Court of the Territory

"15AAG. The Supreme Court of the Territory is abolished on a day to be fixed
by Proclamation, being a day on which no person holds office as a judge of
that Court. Transitional provisions after abolition of Supreme Court

"15AAH.(1) In this section:
'proclaimed day' means the day to be fixed by Proclamation under section
15AAG;
'State Court' means the Court to which proceedings are transferred under
subsection (2);
'Territory Court' means the Supreme Court of the Territory.

"(2) As soon as practicable after no person holds office as a Judge of the
Territory Court, the Registrar of the Court must transfer all proceedings in
the Court (including completed proceedings) to:

   (a)  if the proceedings relate only to a matter of a kind that is within
        the jurisdiction of the Family Court of Western Australia - the Family
        Court of Western Australia; or

   (b)  if the proceedings relate only to a matter of a kind that is within
        the jurisdiction of the District Court of Western Australia - the
        District Court of Western Australia; or

   (c)  if the proceedings relate only to a matter of a kind that is within
        the jurisdiction of the Children's Court of Western Australia - the
        Children's Court of Western Australia; or

   (d)  in any other case - the Supreme Court of Western Australia.

"(3) If proceedings are transferred under subsection (2):

   (a)  all documents filed of record in the Territory Court in the
        proceedings are to be transmitted to the State Court; and

   (b)  any money lodged with the Territory Court in relation to the
        proceedings is to be transferred to the State Court and is taken to be
        money lodged with the State Court in relation to the proceedings; and

   (c)  everything done in or in relation to the proceedings in the Territory
        Court is taken to have been done in the State Court.

"(4) If proceedings transferred under subsection (2) were not completed before
the proclaimed day, the State Court may:

   (a)  hear, or further hear, the proceedings; and

   (b)  determine the proceedings; and

   (c)  have regard to any evidence or argument in the proceedings in the
        Territory Court. References to courts of Territory - transitional

"15AAI. Unless the contrary intention appears:

   (a)  a reference in any Act to the Supreme Court of the Territory is taken
        to include a reference to the Supreme Court of Western Australia
        exercising jurisdiction in or in relation to the Territory under this
        Act; and

   (b)  a reference in any Act to courts of the Territory is taken to include
        a reference to courts of Western Australia exercising jurisdiction in
        or in relation to the Territory under this Act.".