COURTS (CASE TRANSFER) ACT 1991 - SECT 22 Conduct of proceeding after transfer

COURTS (CASE TRANSFER) ACT 1991 - SECT 22

    (1)     The following apply to a proceeding transferred under this Part—

        (a)     the transferee court (if it is a lower court than the transferor court) has power to grant in the proceeding any relief, redress or remedy and to make any order that the transferor court would have had power to grant or make if the proceeding had not been transferred;

        (b)     the proceeding is subject to the procedural rules and practices of the transferee court;

        (c)     unless the transferee court otherwise orders, anything done or omitted to be done in the proceeding under or in accordance with the rules of court that applied to it before the transfer must be taken, so far as possible, to have been done or omitted under the rules that apply in the transferee court;

        (d)     the transferee court must endeavour to ensure that the proceeding is heard and determined no later than it would have been if it had not been transferred;

        (e)     a judgment given or order made by the transferee court in the proceeding has effect and may be enforced or appealed against like any other judgment or order of that court;

        (f)     if the transferee court orders that costs be paid to a party in respect of the conduct of the proceeding in the transferor court in the period before the transfer, that party shall, unless the transferee court otherwise orders, be entitled to costs in respect of that period on the transferor court scale;

        (g)     if the transferee court orders that costs be paid to a party in respect of the conduct of the proceeding in the transferee court in the period after the transfer, that party shall, unless the transferee court otherwise orders or an undertaking required to be given by a party as a condition of the transfer otherwise provides, be entitled to costs in respect of that period on the transferee court scale.

    (2)     Subsection (1)(a) applies even if the transferor court has exclusive jurisdiction to hear and determine the proceeding.