(1) Where it appears to a court that the court will, or will be likely to, in
determining a matter for determination in a proceeding, be exercising
jurisdiction conferred by this Act or by a law of the Commonwealth or a State
relating to cross-vesting of jurisdiction--
(a) subject to paragraphs (b) and
(c), the court shall, in determining that matter, apply the law in force in
the State or Territory in which the court is sitting (including choice of law
rules),
(b) subject to paragraph (c), if that matter is a right of action
arising under a written law of another State or Territory, the court shall, in
determining that matter, apply the written and unwritten law of that other
State or Territory, and
(c) the rules of evidence and procedure to be applied
in dealing with that matter shall be such as the court considers appropriate
in the circumstances, being rules that are applied in a superior court in
Australia or in an external Territory.
(3) Where a proceeding is transferred
or removed to a court (in this subsection referred to as the
"transferee court" ) from another court (in this subsection referred to as the
"transferor court" ), the transferee court shall deal with the proceeding as
if, subject to any order of the transferee court, the steps that had been
taken for the purposes of the proceeding in the transferor court (including
the making of an order), or similar steps, had been taken in the
transferee court.