New South Wales Consolidated Acts

CORPORATIONS (NEW SOUTH WALES) ACT 1990 - SECT 44AA

44AA Transfer of proceedings in lower courts

(1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of New South Wales in a lower court (the "first court") having jurisdiction under section 42B.

(2) If it appears to the first court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court (the "second court") having jurisdiction in the matters for determination in the proceeding or application, the first court may take action under whichever of subsections (3) and (4) applies.

(3) If the second court is also a lower court, the first court may transfer the proceeding or application to the second court.

(4) If the second court is a superior court, the first court may transfer the proceeding or application to the relevant Supreme Court and recommend that the proceeding or application be transferred by the Supreme Court to the second court.

(5) The relevant Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide:

(a) to deal with the proceeding or application itself, or

(b) to transfer the proceeding or application to some other court (which could be the first court).

(6) Nothing in this section allows the relevant Supreme Court to transfer the proceeding or application to another court otherwise than in accordance with section 44 and the other requirements of this Division.

(6A) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

(7) In this section:
"relevant Supreme Court" means the Supreme Court of the State or Territory of which the first court is a court.