44Transfer of proceedings

44 Transfer of proceedings

(1)  [Section 44 Subsection (1) substituted by No. 11 of 2001, s. 23, Applied:01 Jun 2001] This section applies to the following:

(a) a proceeding with respect to a civil matter arising under the Corporations Law of Tasmania that is in a court having jurisdiction under section 42(1) or (2) ;

(b) a proceeding with respect to a matter referred to in subsection (1A) of section 42 that is in a court having jurisdiction under that subsection or in the Federal Court.

(2)  [Section 44 Subsection (2) amended by No. 11 of 2001, s. 23, Applied:01 Jun 2001] Subject to subsections (3) , (4) and (5) , if it appears to the court that, having regard to the interests of justice, it is more appropriate for the proceeding, or an application in the proceeding, to be determined by another court having jurisdiction in the matters for determination in the proceeding or application, the first-mentioned court may transfer the proceeding or application to that other court.

(3)  [Section 44 Subsection (3) omitted by No. 5 of 1992, s. 10 ][Section 44 Subsection (3) inserted by No. 11 of 2001, s. 23, Applied:01 Jun 2001] If a proceeding with respect to a matter referred to in section 42(1A) is pending in the Supreme Court of a State or the Capital Territory (the "relevant jurisdiction"), the court must transfer the proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of the relevant jurisdiction –

(a) that arises, or a substantial part of which arises, under the Corporations Law of a State or the Capital Territory; and

(b) that is not a proceeding with respect to a matter referred to in section 42(1A)  –

regardless of which proceeding was commenced first.