QLDIn ForceAct
Civil Proceedings Act 2011
sec.27Transfer because of amendment
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### sec.27 Transfer because of amendment
This section applies if a plaintiff or applicant in a proceeding wants to amend the relief claimed to, or to include, relief not within the jurisdiction of the court in which the proceeding is pending.
The party may apply to a court that would have jurisdiction if the amendment were made (the other court ) for—
leave to amend; and
an order that the proceeding be transferred to the other court.
If, apart from any jurisdictional consideration, the other court considers the amendment appropriate, the other court may give leave to amend and, if it gives leave, must order that the proceeding be transferred to it.
(sec.27-ssec.1) This section applies if a plaintiff or applicant in a proceeding wants to amend the relief claimed to, or to include, relief not within the jurisdiction of the court in which the proceeding is pending.
(sec.27-ssec.2) The party may apply to a court that would have jurisdiction if the amendment were made (the other court ) for— leave to amend; and an order that the proceeding be transferred to the other court.
(sec.27-ssec.3) If, apart from any jurisdictional consideration, the other court considers the amendment appropriate, the other court may give leave to amend and, if it gives leave, must order that the proceeding be transferred to it.
- (a) leave to amend; and
- (b) an order that the proceeding be transferred to the other court.