QLDIn ForceAct
Civil Proceedings Act 2011
sec.28Transfer because claim beyond jurisdiction
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### sec.28 Transfer because claim beyond jurisdiction
This section applies if the court in which a proceeding is pending (the relevant court ) considers it does not have jurisdiction for the proceeding (other than because of a counterclaim).
If the relevant court considers another court has jurisdiction for the proceeding, the relevant court may, by order, transfer the proceeding to the other court.
Unless an order is made under subsection (2) , the relevant court—
must strike out the proceeding; and
may order the party who started the proceeding to pay the costs of any other party to the proceeding.
(sec.28-ssec.1) This section applies if the court in which a proceeding is pending (the relevant court ) considers it does not have jurisdiction for the proceeding (other than because of a counterclaim).
(sec.28-ssec.2) If the relevant court considers another court has jurisdiction for the proceeding, the relevant court may, by order, transfer the proceeding to the other court.
(sec.28-ssec.3) Unless an order is made under subsection (2) , the relevant court— must strike out the proceeding; and may order the party who started the proceeding to pay the costs of any other party to the proceeding.
- (a) must strike out the proceeding; and
- (b) may order the party who started the proceeding to pay the costs of any other party to the proceeding.