44ATransfer of proceedings by Family Court and State Family Courts

#### 44A Transfer of proceedings by Family Court and State Family Courts 44A Transfer of proceedings by Family Court and State Family Courts > > (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of New South Wales in a State Family Court (in this section called the first court) having jurisdiction under section 42A. > > > (2) If it appears to the first court that— > > > > > (a) the proceeding arises out of, or is related to, another proceeding pending in another court of a State or of the Capital Territory, and that the court in which the other proceeding is pending is the most appropriate court to determine the first-mentioned proceeding, or > > > > > (b) having regard to— > > > > > > > (i) whether, in the first court’s opinion, apart from this Division or a law of another State or the Capital Territory corresponding to this Division, the proceeding, or a substantial part of it, would have been incapable of being instituted in the first court, and > > > > > > > (ii) the extent to which, in the first court’s opinion, the matters for determination in the proceeding are matters not within the first court’s jurisdiction apart from this Division or such a law, and > > > > > > > (iii) the interests of justice, > > > > > > another court of a State or of the Capital Territory, is the most appropriate court to determine the proceeding, or > > > > > (c) it is otherwise in the interests of justice that another court of a State or of the Capital Territory determine the proceeding, > > > > the first court must transfer the proceeding to that other court. > > > (3) Subject to subsection (2), if it appears to the first court that— > > > > > (a) the proceeding arises out of, or is related to, another proceeding pending in another State Family Court having jurisdiction under section 42A in the matters for determination in the first-mentioned proceeding, and that the other court is the most appropriate court to determine the first-mentioned proceeding, or > > > > > (b) it is otherwise in the interests of justice that the proceeding be determined by another State Family Court having jurisdiction under section 42A in the matters for determination in the proceeding, > > > > the first court must transfer the proceeding to the other court. > > > (4) If— > > > > > (a) the first court transfers the proceeding to another court, and > > > > > (b) it appears to the first court that— > > > > > > > (i) there is another proceeding pending in the first court that arises out of, or is related to, the first-mentioned proceeding, and > > > > > > > (ii) it is in the interests of justice that the other court also determine the other proceeding, > > > > the first court must also transfer the other proceeding to the other court. > > > (5) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. > > **s 44A:** Ins 1991 No 52, Sch 1 (8). Am 1995 No 20, Sch 1 (5) (6); 2000 No 80, Sch 1.4 \[27\]–\[33\].