RETAIL LEASES ACT 1994 - SECT 76A
Removal of proceedings to Supreme Court
RETAIL LEASES ACT 1994 - SECT 76A
Removal of proceedings to Supreme Court
76A Removal of proceedings to Supreme Court
(1) A party to proceedings
before the Tribunal for an unconscionable conduct claim, or partly for an
unconscionable conduct claim and partly for a retail tenancy claim, may apply
to the Tribunal to have the proceedings transferred to the Supreme Court.
(2)
The Tribunal must transfer the proceedings if the Tribunal is satisfied that--
(a) the nature of the claim is such that it may be more effectively and
appropriately dealt with by the Supreme Court, and
(b) the interests of
justice do not require the matter to be continued to be dealt with by the
Tribunal.
(3) The Supreme Court has jurisdiction to hear and determine
proceedings transferred to it under this section and may make any orders and
do anything that the Tribunal may do in determining an unconscionable conduct
claim or retail tenancy claim, as the case requires.
(4) The Supreme Court
may exercise all the functions that are conferred or imposed by or under this
or any other Act on the Tribunal to determine the unconscionable conduct
claim.
(5) This section applies despite anything in Schedule 4 to the
Civil and Administrative Tribunal Act 2013 concerning the transfer of
proceedings between courts and the Tribunal.
