NSWIn ForceAct
Civil Procedure Act 2005
149DProceedings after transfer
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#### 149D Proceedings after transfer
149D Proceedings after transfer
> > (1) Subject to the rules of court applicable in the transferee court—
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> > > (a) any proceedings with respect to which a transfer order takes effect continue in the transferee court—
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> > > > (i) as if the proceedings had been duly commenced in the transferee court on the date on which they were commenced in the transferor court, and
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> > > > (ii) as if any cross-claim in the proceedings had been duly made in the transferee court on the date on which it was made in the transferor court, and
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> > > (b) any proceedings with respect to which a transfer order under section 149B (2) takes effect are to be heard together with, and are taken to form part of, the related proceedings in the transferee court.
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> > (2) For the purposes of any proceedings continued in the transferee court—
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> > > (a) any admission duly made in the transferor court is to be treated as if it had been made in the transferee court, and
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> > > (b) in the case of proceedings affected by a transfer order under section 149B (2), any process or other documentation before the transferee court may be amended so as to reflect the merger of the proceedings concerned.
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> > (3) Subject to the rules of court applicable in the transferee court, the power of the transferee court to make orders as to costs includes a power to make orders with respect to the costs of—
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> > > (a) the application for, and the making of, the transfer order, and
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> > > (b) any step taken in the proceedings before the transfer order was made.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].
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> **pt 9, div 2A (ss 149A–149E):** Ins 2007 No 56, Sch 2 \[8\]. Subst 2009 No 30, Sch 1.