SUPREME COURT OF QUEENSLAND ACT 1991 - SECT 61
Removal and remission
SUPREME COURT OF QUEENSLAND ACT 1991 - SECT 61
Removal and remission
61 Removal and remission
(1) If a proceeding is started in another court, but is a proceeding that is
required to be heard and determined only by the Court of Appeal—
(a) the
proceeding is taken to have been duly started when it was started in the other
court; and
(b) the Court of Appeal may, on application by a party or of its
own motion, order that the proceeding be removed into the Court of Appeal; and
(c) on an order being made under paragraph (b) , the proceeding must be
continued and disposed of in the Court of Appeal; and
(d) subject to any
order under paragraph (b) , the proceeding may be continued and disposed of in
the other court.
(2) If a proceeding is started in the Court of Appeal, but
is a proceeding that the Court of Appeal considers could be more conveniently
heard and determined in another court—
(a) the proceeding is taken to have
been duly started when it was started in the Court of Appeal; and
(b) the
Court of Appeal may, on application by a party or of its own motion, order
that the proceeding be remitted to the other court; and
(c) on an order for
remission being made under paragraph (b) , the proceeding must be continued
and disposed of in the other court; and
(d) subject to any order under
paragraph (b) , the proceeding may be continued and disposed of in the Court
of Appeal.
(3) If a proceeding is pending before the Court of Appeal, the
Court of Appeal may, on application by a party or of its own motion, order
that the whole or a part of the proceeding be remitted to another court for
the determination (by trial or otherwise) of the proceeding or any question of
fact or law arising in the proceeding.
(4) Subject to section 62, the Court
of Appeal may accept any determination of the other court in whole or part.
(5) If a proceeding (whether by way of appeal or otherwise), or a proceeding
on a stated case (other than a case stated by another court), is started in
the other court—
(a) the Court of Appeal, if satisfied that special
circumstances exist that make it desirable to do so, may, on application by a
party or of its own motion, order that the proceeding be removed into the
Court of Appeal; and
(b) on an order being made under paragraph (a) , the
proceeding must be continued and disposed of in the Court of Appeal.
(6) A
proceeding may be removed into the Court of Appeal under this section despite
any decision or determination in the proceeding being expressed by an Act to
be final or without appeal.
(7) In this section—
"another court" means the Trial Division or a District Court.