Queensland Consolidated Acts

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COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 - SECT 40

40 Transfer of proceedings between tribunal and the courts

(1) If a proceeding is started in a court and the proceeding could be heard by the tribunal under this Act, the court may order the entity who started the proceeding to start the proceeding again before the tribunal under section 31.

(2) If the tribunal considers it does not have jurisdiction to hear all matters in a proceeding before the tribunal, the tribunal may order the entity who started the proceeding to start the proceeding again before the court.

(3) The tribunal may make an order under subsection (2) even though the proceeding has previously been transferred from a court to the tribunal under subsection (1).

(4) However, if the tribunal makes an order under subsection (2), a court must not make an order under subsection (1) relating to the proceeding.

(5) For the time limit fixed for the start of a proceeding, the time between when the proceeding is started and when an order is made under subsection (1) or (2) does not count.



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