Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 44

Transfer of proceedings

44. Transfer of proceedings



(1) This section applies to the following-

   (a)  a proceeding with respect to a civil matter arising under the
        Corporations Law of Victoria that is in a court having jurisdiction
        under section 42(1) or (2);

   (b)  a proceeding with respect to a matter referred to in section 42(1A)
        that is in a court having jurisdiction under that subsection or in the
        Federal Court.

(2) Subject to subsections (3), (4) and (5), if it appears to the court that,
having regard to the interests of justice, it is more appropriate for the
proceeding, or an application in the proceeding, to be determined by another
court having jurisdiction in the matters for determination in the proceeding
or application, the first-mentioned court may transfer the proceeding or
application to that other court.

(3) If a proceeding with respect to a matter referred to in section 42(1A) is
pending in the Supreme Court of a State or the Capital Territory (the relevant
jurisdiction), the court must transfer the proceeding to the Federal Court
unless the matter for determination in it arises out of, or relates to,
another proceeding pending in any court of the relevant jurisdiction-

   (a)  that arises, or a substantial part of which arises, under the
        Corporations Law of a State or the Capital Territory; and

   (b)  that is not with respect to a matter referred to in section 42(1A)-

regardless of which proceeding was commenced first.

(4) Even if the Supreme Court of a State or the Capital Territory is not
required by subsection (3) to transfer a proceeding with respect to a matter
referred to in section 42(1A) to the Federal Court, it may nevertheless do so
if it considers that to be appropriate, having regard to the interests of
justice, including the desirability of related proceedings being heard in the
same jurisdiction.

(5) If a proceeding with respect to a matter referred to in section 42(1A) is
pending in the Federal Court, the Federal Court may only transfer the
proceeding, or an application in the proceeding, to the Supreme Court of a
State or the Capital Territory (the relevant jurisdiction) if-

   (a)  the matter arises out of, or relates to, another proceeding pending in
        any court of the relevant jurisdiction-

   (i)  that arises, or a substantial part of which arises, under the
        Corporations Law of a State or the Capital Territory; and

   (ii) that is not a proceeding with respect to a matter referred to in
        section 42(1A)- regardless of which proceeding was commenced first;
        and

   (b)  the Federal Court considers the transfer to be appropriate, having
        regard to the interests of justice, including the desirability of
        related proceedings being heard in the same jurisdiction.

(6) Nothing in this section confers on a court jurisdiction that the court
would not otherwise have.

(7) The fact that some references in this section to the interests of justice
include the desirability of related proceedings being heard in the same
jurisdiction does not of itself mean that other references to the interests of
justice, in this section or elsewhere in this Act, do not include that matter.



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