44ATransfer of proceedings by State Family Courts

44A Transfer of proceedings by State Family Courts S. 44A(1) amended by No. 22/2000 s. 17(4)(a). (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Victoria in a State Family Court (in this section called the ***first court***) having jurisdiction under section 42A. S. 44A(2) amended by No. 12/1995 s. 6(2)(b). (2) If it appears to the first court that— S. 44A(2)(a) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(i). (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 S. 44A(2)(b) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(ii). (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 S. 44A(2)(c) amended by Nos 12/1995 s. 6(2)(a), 22/2000 s. 17(4)(b)(iii). (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— S. 44A(3)(a) amended by No. 22/2000 s. 17(4)(c). (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 S. 44A(3)(b) amended by No. 22/2000 s. 17(4)(c). (b) it is otherwise in the interest 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. S. 44A(5) inserted by No. 22/2000 s. 17(5). (5) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. S. 44AA inserted by No. 12/1995 s. 7. 44AA Transfer of proceedings in lower courts (1) This section applies to a proceeding with respect to a civil matter arising under the Corporations Law of Victoria in a lower court (the ***first court***) having jurisdiction under section 42B. (2) If it appears to the first 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 (the ***second court***) having jurisdiction in the matters for determination in the proceeding or application, the first court may take action under whichever of subsections (3) and (4) applies. (3) If the second court is also a lower court, the first court may transfer the proceeding or application to the second court. (4) If the second court is a superior court, the first court may transfer the proceeding or application to the relevant Supreme Court and recommend that the proceeding or application be transferred by the Supreme Court to the second court. (5) The relevant Supreme Court is not bound to comply with a recommendation under subsection (4) and it may instead decide— (a) to deal with the proceeding or application itself; or (b) to transfer the proceeding or application to some other court (which could be the first court). (6) Nothing in this section allows the relevant Supreme Court to transfer the proceeding or application to another court otherwise than in accordance with section 44 and the other requirements of this Division. S. 44AA(6A) inserted by No. 22/2000 s. 17(6). (6A) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. (7) In this section— ***relevant Supreme Court*** means the Supreme Court of the State or Territory of which the first court is a court. S. 44B inserted by No. 61/1991 s. 11, amended by No. 12/1995 s. 8(a).