(b) the court does not make an
order under subsection (3) in respect of the matter,
the court must transfer
the proceeding in accordance with this section to the Federal Court or a court
mentioned in subsection (2) (b).
(1A) However, the court must only transfer
so much of the proceeding as is, in the opinion of the court, within the
jurisdiction (including the accrued jurisdiction) of the Federal Court, or the
court mentioned in subsection (2) (b), as the case may be.
(b) if the matter for determination in the proceeding is a
matter mentioned in paragraph (ab) of that definition--to whichever of the
Family Court, the Family Court of Western Australia or the Supreme Court of
the Northern Territory, in the opinion of the court, is appropriate in the
circumstances.
(3) The Supreme Court may order that the proceeding be
determined by that court if it is satisfied that there are special reasons for
doing so in the particular circumstances of the proceeding other than reasons
relevant to the convenience of the parties.
(4) Before making an order under
subsection (3), the court must be satisfied that--
(a) a written notice
specifying the nature of the special federal matter has been given to the
Attorney-General of the Commonwealth and the Attorney-General of the State,
and
(b) a reasonable time has elapsed since the giving of the notice for the
Attorneys-General to consider whether submissions to the court should be made
in relation to the proceeding.
(5) For the purposes of subsection (4), the
court--
(a) may adjourn the proceeding for such time as the court thinks
necessary and may make such order as to costs in relation to an adjournment as
it thinks fit, and
(b) may direct a party to the proceeding to give a notice
in accordance with that subsection.
(6) In considering whether there are
special reasons for the purposes of subsection (3), the court must--
(a) have
regard to the general rule that special federal matters should be heard by the
Federal Court or a court mentioned in subsection (2) (b), whichever is
appropriate in the particular case, and
(b) take into account any submission
made in relation to the proceeding by an Attorney-General mentioned in
subsection (4).
(7) Nothing in this section prevents the court granting
urgent relief of an interlocutory nature if it is in the interests of justice
to do so.
(8) If, through inadvertence, the Supreme Court determines a
proceeding of the kind mentioned in subsection (1) without--
(a) the court
making an order under subsection (3) that the proceeding be determined by that
court, or
(b) a notice mentioned in subsection (4) being given,
nothing in
this section invalidates the decision of that court.
(9) This section does
not apply to a proceeding by way of an appeal that is instituted in the
Full Court of the Supreme Court if the court the decision of which is the
subject of the appeal had made an order under subsection (3), or under
section 6 (1) as in force before the commencement of the Jurisdiction of
Courts (Cross-vesting) Amendment Act 1992 , in relation to the
special federal matter.
