NSWIn ForceAct
Civil Procedure Act 2005
153Proceedings after transfer
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#### 153 Proceedings after transfer
153 Proceedings after transfer
> > (1) Subject to the rules of court applicable in the transferee court—
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> > > (a) proceedings in relation to which a transfer order takes effect continue in the transferee court as if—
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> > > > (i) the proceedings had been duly commenced in the transferee court on the date on which the proceedings were commenced in the transferor court, and
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> > > > (ii) a cross-claim in the proceedings had been duly made in the transferee court on the date on which the cross-claim was made in the transferor court, and
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> > > (b) proceedings in relation to which a transfer order under section 151(2) takes effect must be heard together with, and are taken to form part of, the related proceedings in the transferee court.
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> > (2) For proceedings continued in the transferee court—
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> > > (a) an admission duly made in the transferor court must be treated as if the admission had been made in the transferee court, and
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> > > (b) for proceedings affected by a transfer order under section 151(2)—any process or other documentation before the transferee court may be amended to reflect the merger of the proceedings.
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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 about costs includes a power to make orders about the costs of—
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> > > (a) the application for, and the making of, the transfer order, and
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> > > (b) a 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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> **s 153:** Rep 2007 No 94, Sch 1.12 \[6\]. Ins 2010 No 63, Sch 1.7 \[1\]. Rep 2016 No 48, Sch 2.6 \[4\]. Ins 2023 No 41, Sch 2.6\[4\].