44DTransfer of documents

44D Transfer of documents

44D Transfer of documents

Where, under section 44, 44A or 44AA, a court transfers a proceeding, or an application in a proceeding, to another court—

(a) the Registrar or other proper officer of the first-mentioned court must transmit to the Registrar or other proper officer of the other court all documents filed in the first-mentioned court in respect of the proceeding or application, as the case may be, and

(b) the other court must proceed as if—

(i) the proceeding had been originally instituted in the other court, and

(ii) the same proceedings had been taken in the other court as were taken in the first-mentioned court, and

(iii) in a case where an application is transferred—the application had been made in the other court.

s 44D: Ins 1991 No 52, Sch 1 (8). Am 1995 No 20, Sch 1 (11).