Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 44A

Transfer of proceedings by State Family Courts

44A. Transfer of proceedings by State Family Courts







(1) This section applies to a proceeding with respect to a civil matter
arising under the Corporations Law of Victoria in a State Family Court (in
this section called the first court) having jurisdiction under section 42A.





(2) If it appears to the first court that-





   (a)  the proceeding arises out of, or is related to, another proceeding
        pending in another court of a State or of the Capital Territory, and
        that the court in which the other proceeding is pending is the most
        appropriate court to determine the first-mentioned proceeding; or

   (b)  having regard to-

   (i)  whether, in the first court's opinion, apart from this Division or a
        law of another State or the Capital Territory corresponding to this
        Division, the proceeding, or a substantial part of it, would have been
        incapable of being instituted in the first court; and

   (ii) the extent to which, in the first court's opinion, the matters for
        determination in the proceeding are matters not within the first
        court's jurisdiction apart from this Division or such a law; and

   (iii) the interests of justice- another court of a State or of the Capital
        Territory, is the most appropriate court to determine the proceeding;
        or

   (c)  it is otherwise in the interests of justice that another court of a
        State or of the Capital Territory, determine the proceeding-

the first court must transfer the proceeding to that other court.

(3) Subject to subsection (2), if it appears to the first court that-

   (a)  the proceeding arises out of, or is related to, another proceeding
        pending in another State Family Court having jurisdiction under
        section 42A in the matters for determination in the first-mentioned
        proceeding, and that the other court is the most appropriate court to
        determine the first-mentioned proceeding; or

   (b)  it is otherwise in the interest of justice that the proceeding be
        determined by another State Family Court having jurisdiction under
        section 42A in the matters for determination in the proceeding-

the first court must transfer the proceeding to the other court.

(4) If-

   (a)  the first court transfers the proceeding to another court; and

   (b)  it appears to the first court that-

   (i)  there is another proceeding pending in the first court that arises out
        of, or is related to, the first-mentioned proceeding; and

   (ii) it is in the interests of justice that the other court also determine
        the other proceeding- the first court must also transfer the other
        proceeding to the other court.

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