153Proceedings after transfer

153 Proceedings after transfer

153 Proceedings after transfer

(1) Subject to the rules of court applicable in the transferee court—

(a) proceedings in relation to which a transfer order takes effect continue in the transferee court as if—

(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

(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

(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.

(2) For proceedings continued in the transferee court—

(a) an admission duly made in the transferor court must be treated as if the admission had been made in the transferee court, and

(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.

(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—

(a) the application for, and the making of, the transfer order, and

(b) a step taken in the proceedings before the transfer order was made.

pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].

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].