86Transfer of proceedings etc.

86 Transfer of proceedings etc.

(1) A court in which proceedings have been brought under this Act may transfer the proceedings to another prescribed court having jurisdiction to hear and determine the proceedings: (a) if the court thinks fit; and (b) upon application of a party made at any stage in the proceedings. (2) If proceedings are transferred from one court to another court under this section: (a) all documents of record relevant to the proceedings are to be sent to the Registrar or other appropriate officer of the other court; and (b) the other court must proceed as if: (i) the proceedings had been started in that court; and (ii) the same steps in the proceedings had been taken in that court as had been taken in the transferring court. (3) This section does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2).

Note 1: For transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.

Note 2: For transfers of proceedings from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2): see section 32AB of the Federal Court of Australia Act 1976.