QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 53
Transfer from a court
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 53
Transfer from a court
53 Transfer from a court
(1) If a proceeding is started in a court and the subject matter of the
proceeding could be heard by the tribunal under this Act, the court may, by
order, transfer the proceeding to the tribunal.
(2) If a court transfers a
proceeding to the tribunal under subsection (1) —
(a) the proceeding is
taken to have been started before the tribunal when it was started in the
court; and
(b) the court may make the orders and give the directions it
considers appropriate to facilitate the transfer, including an order that a
party is taken to have complied with the requirements under this Act, an
enabling Act or the rules for starting a proceeding before the tribunal.
(3)
An order under subsection (2) (b) has effect despite any provision of this
Act, an enabling Act or the rules.
(4) A court may act under this section on
the application of a party to the proceeding or on its own initiative.
