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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
JURISDICTION OF COURTS
(CROSS-VESTING)
AMENDMENT BILL 1993
Queensland
JURISDICTION OF COURTS
(CROSS-VESTING) AMENDMENT BILL
1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of s.6 (Special federal matters) . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Special federal matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Omission of s.15 (Construction of Act to be subject to legislative
power of State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s.16 (Suspension or cessation of operation of Act) . . . . . . . 7
8 Insertion of new s.17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1993
A BILL
FOR
An Act to amend the Jurisdiction of Courts (Cross-vesting) Act 1987
4
Jurisdiction of Courts (Cross-vesting)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause1. This Act may be cited as the Jurisdiction of Courts (Cross-vesting) 3
Amendment Act 1993. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
Act 7
Amended
The Jurisdiction of Courts (Cross-vesting) Act 1987 is amended as 8
Clause3.
set out in this Act. 9
of s.3 (Interpretation) 10
Amendment
Clause4.(1) Section 3(1) (definitions "State" and "Territory")-- 11
omit. 12
(2) Section 3(1)-- 13
insert-- 14
` "State" includes the Northern Territory and the Australian Capital 15
Territory; 16
"Territory" does not include the Northern Territory or the Australian 17
Capital Territory.'. 18
(3) Section 3(3)-- 19
omit. 20
of s.6 (Special federal matters) 21
Replacement
Section 6-- 22
Clause5.
5
Jurisdiction of Courts (Cross-vesting)
Amendment
omit, insert-- 1
federal matters 2
`Special
`6.(1) If-- 3
(a) a matter for determination in a proceeding that is pending in the 4
Supreme Court is a special federal matter; and 5
(b) the court does not make an order under subsection (3) in respect 6
of the matter; 7
the court must transfer the proceeding in accordance with this section to the 8
Federal Court or a court mentioned in subsection (2)(b). 9
`(2) If the court orders that a proceeding be transferred, the proceeding 10
must be transferred-- 11
(a) if the matter for determination in the proceeding is a matter 12
mentioned in paragraph (a), (b), (c), (d) or (e) of the definition of 13
"special federal matter" in section 3(1) of the Jurisdiction of 14
Courts (Cross-vesting) Act 1987 of the Commonwealth--to the 15
Federal Court; or 16
(b) if the matter for determination in the proceeding is a matter 17
mentioned in paragraph (ab) of that definition--to whichever of 18
the Family Court, the Family Court of Western Australia or the 19
Supreme Court of the Northern Territory, in the opinion of the 20
court, is appropriate in the circumstances. 21
`(3) The Supreme Court may order that the proceeding be determined by 22
that court if it is satisfied that there are special reasons for doing so in the 23
particular circumstances of the proceeding other than reasons relevant to the 24
convenience of the parties. 25
`(4) Before making an order under subsection (3), the court must be 26
satisfied that-- 27
(a) a written notice specifying the nature of the special federal matter 28
has been given to the Attorney-General of the Commonwealth 29
and the Attorney-General of the State; and 30
(b) a reasonable time has elapsed since the giving of the notice for the 31
Attorneys-General to consider whether submissions to the court 32
should be made in relation to the proceeding. 33
6
Jurisdiction of Courts (Cross-vesting)
Amendment
`(5) For the purposes of subsection (4), the court-- 1
(a) may adjourn the proceeding for such time as the court thinks 2
necessary and may make such order as to costs in relation to an 3
adjournment as it thinks fit; and 4
(b) may direct a party to the proceeding to give a notice in accordance 5
with that subsection. 6
`(6) In considering whether there are special reasons for the purposes of 7
subsection (3), the court must-- 8
(a) have regard to the general rule that special federal matters should 9
be heard by the Federal Court or a court mentioned in 10
subsection (2)(b), whichever is appropriate in the particular case; 11
and 12
(b) take into account any submission made in relation to the 13
proceeding by an Attorney-General mentioned in subsection (4). 14
`(7) Nothing in this section prevents the court granting urgent relief of an 15
interlocutory nature if it is in the interests of justice to do so. 16
`(8) If, through inadvertence, the Supreme Court determines a 17
proceeding of the kind mentioned in subsection (1) without-- 18
(a) the court making an order under subsection (3) that the 19
proceeding be determined by that court; or 20
(b) a notice mentioned in subsection (4) being given; 21
nothing in this section invalidates the decision of that court. 22
`(9) This section does not apply to a proceeding by way of an appeal that 23
is instituted in the Full Court of the Supreme Court if the court the decision 24
of which is the subject of the appeal had made an order under 25
subsection (3), or under section 6(1) as in force before the commencement 26
of the Jurisdiction of Courts (Cross-vesting) Amendment Act 1993, in 27
relation to the special federal matter.'. 28
7
Jurisdiction of Courts (Cross-vesting)
Amendment
of s.15 (Construction of Act to be subject to legislative 1
Omission
power of State) 2
Section 15-- 3
Clause6.
omit. 4
of s.16 (Suspension or cessation of operation of Act) 5
Amendment
Clause7.(1) Section 16(1) and (3) to (6)-- 6
omit `published in the Gazette'. 7
(2) Section 16-- 8
insert-- 9
`(7) A proclamation under this section is subordinate legislation.'. 10
of new s.17 11
Insertion
Clause8. After section 16-- 12
insert-- 13
14
`Saving
`17. This Act, as in force immediately before the commencement of the 15
Jurisdiction of Courts (Cross-vesting) Amendment Act 1993, continues to 16
apply to a proceeding pending in a court to which section 6 of the Act 17
applied before that commencement.'. 18
19
© State of Queensland 1993
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