35ATransfer of proceedings to Federal Circuit and Family Court of Australia (Division 1)

35A  Transfer of proceedings to Federal Circuit and Family Court of Australia (Division 1)  (1) If a proceeding is pending in the Federal Court, the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Federal Circuit and Family Court of Australia (Division 1).  (2A) If a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2), the Court may, on the application of a party to the proceeding or on its own initiative, transfer the proceeding to the Federal Circuit and Family Court of Australia (Division 1).  (3) Subject to subsection (4), where a proceeding is transferred to the Federal Circuit and Family Court of Australia (Division 1):  (a) the Court has jurisdiction to hear and determine the proceeding;  (b) the Court also has jurisdiction to hear and determine matters not otherwise within its jurisdiction (whether by virtue of paragraph (a) or otherwise):  (i) that are associated with matters arising in the proceeding; or  (ii) that, apart from subsection 32(1) of the Federal Court of Australia Act 1976, the Federal Court would have had jurisdiction to hear and determine in the proceeding;  (c) the Court may, in and in relation to the proceeding:  (i) grant such remedies;  (ii) make orders of such kinds; and  (iii) issue, and direct the issue of, writs of such kinds;   as the Federal Court could have granted, made, issued or directed the issue of, as the case may be, in and in relation to the proceeding;  (d) remedies, orders and writs granted, made or issued by the Court in and in relation to the proceeding have effect, and may be enforced by the Court, as if they had been granted, made or issued by the Federal Court;  (e) appeals lie from judgments of the Court given in and in relation to the proceeding as if the judgments were judgments of the Federal Court constituted by a single Judge, and do not otherwise lie; and  (f) subject to paragraphs (a) to (e) (inclusive), this Act, the Federal Court of Australia Act 1976, and other laws of the Commonwealth, apply in and in relation to the proceeding as if:  (i) a reference to the Federal Court (other than in the expression “the Court or a Judge”) included a reference to the Federal Circuit and Family Court of Australia (Division 1);  (ii) a reference to a Judge of the Federal Court (other than in the expression “the Court or a Judge”) included a reference to a Judge of the Federal Circuit and Family Court of Australia (Division 1);  (iii) a reference to the expression “the Court or a Judge” when used in relation to the Federal Court included a reference to a Judge of the Federal Circuit and Family Court of Australia (Division 1) sitting in Chambers;  (iv) a reference to a Registrar included a reference to a Registrar of the Federal Circuit and Family Court of Australia (Division 1); and  (v) any other necessary changes were made. Note: Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (rather than Rules of Court made under the Federal Court of Australia Act 1976) apply in relation to proceedings transferred to the Federal Circuit and Family Court of Australia (Division 1) under this section.  (4) Where any difficulty arises in the application of paragraphs (3)(c), (d) and (f) in or in relation to a particular proceeding, the Federal Circuit and Family Court of Australia (Division 1) may, on the application of a party to the proceeding or of its own motion, give such directions, and make such orders, as it considers appropriate to resolve the difficulty.  (5) An appeal does not lie from a decision of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) in relation to the transfer of a proceeding under this Act to the Federal Circuit and Family Court of Australia (Division 1).