Victorian Consolidated Legislation

Federal Courts (State Jurisdiction) Act 1999 - SECT 11

Certain proceedings may be treated as proceedings in Supreme Court

11. Certain proceedings may be treated as proceedings in Supreme Court



(1) In this section-

limitation law means-

   (a)  the Limitation of Actions Act 1958;

   (b)  any other law that provides for the limitation or exclusion of
        liability or the barring of a right of action in respect of a claim by
        reference to the time when a proceeding on, or the arbitration of, the
        claim is commenced;

relevant order means-

   (a)  an order of a federal court, whether made before or after the
        commencement of this section, dismissing, striking out or staying a
        proceeding relating to a State matter for want of jurisdiction; or

   (b)  a declaration by a federal court, whether made before or after the
        commencement of this section, that it has no jurisdiction to hear and
        determine a proceeding relating to a State matter; or

   (c)  any other decision or determination by a federal court, whether made
        before or after the commencement of this section, that it has no
        jurisdiction to hear and determine a proceeding relating to a State
        matter.

(2) A person who was a party to a proceeding in which a relevant order is made
may apply to the Supreme Court for an order that the proceeding be treated as
a proceeding in the Supreme Court and the Supreme Court may make such an
order.

(3) If the Supreme Court makes an order under subsection (2), the proceeding,
despite the relevant order-

   (a)  becomes, and must be recorded by the Supreme Court as, a proceeding in
        the Supreme Court; and

   (b)  for the purposes of any limitation law and for all other purposes, is
        deemed to have been brought in the Supreme Court on the day on which
        the proceeding was first recorded as a proceeding in the federal
        court.

(4) The Supreme Court may make such ancillary orders in relation to an order
under subsection (2) as it considers necessary for the purposes of the
proceeding being treated as, becoming and being recorded as, a proceeding in
the Supreme Court.