Div 1Transfer of proceedings from the Federal Magistrates Court

Division 1 Transfer of proceedings from the Federal Magistrates Court 1 Order must be filed (1) A sealed copy of the order of the Federal Magistrates Court transferring a proceeding to the court must, unless the Federal Magistrates Court otherwise directs, be filed: (a) if the order is obtained by a party — by that party; or (b) if the order is made by the Federal Magistrates Court on its own motion — by the applicant in the proceeding. (2) The sealed copy of the order must be filed: (a) if the order names a Registry — in the Registry named in the order; and (b) otherwise — in the Registry nearest to the place where the Federal Magistrates Court heard the proceeding. 2 Filing and service (1) The Registrar must give the order a distinctive number as if it were an application filed in the Registry. (2) The Registrar must: (a) fix a date for a directions hearing as soon as practicable; and (b) give notice of the date to each of the parties. (3) The party who files the order must serve a copy of the order: (a) on each other party to the proceeding in the Federal Magistrates Court; and (b) on any other person as the court directs. (4) If a party has an address for service in the Federal Magistrates Court proceeding, the copy of the order may be served on the party by delivery to that address. 3 Conduct of a transferred proceeding These Rules apply to a proceeding transferred from the Federal Magistrates Court as if it were a proceeding instituted in the Court. Division 2 Transfer of proceedings to the Federal Magistrates Court 4 Application for transfer by a party A party may apply for the transfer of a proceeding to the Federal Magistrates Court. 5 Transfer on court’s own motion (1) The court may at any time on the court’s own motion transfer a proceeding to the Federal Magistrates Court. (2) This rule applies whether or not there is an application under rule 4 before the court. 6 Factors to be considered In deciding whether to transfer a proceeding to the Federal Magistrates Court, factors that the Court may take into account, in addition to the factors to which the Court must have regard under subsection 33B (6) of the Act, include: (a) the importance of the outcome of the proceeding to the public, such that it would be desirable for there to be a decision of the Family Court on one or more of the points in issue; and (b) whether, if the proceeding is transferred, it is likely to be dealt with at less cost and more convenience to the parties than if the proceeding is not transferred; and (c) whether the proceeding is likely to be dealt with earlier if it is transferred; and (d) the availability of a judicial officer specialising in the type of proceeding to be transferred; and (e) the availability of particular procedures appropriate for the type of proceeding; and (f) the financial value of the claim; and (g) the complexity of the facts, legal issues, remedies and procedures involved; and (h) the comparative facilities available and whether they are inadequate for a party or witness; and (i) the wishes of the parties. > Note Subsection 33B (6) of the Act provides that, in deciding whether a proceeding should be transferred to the Federal Magistrates Court, the court must have regard to: > Note: (a) any Rules of the Court made for the purposes of the transfer of proceedings; and > Note: (b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and > Note: (c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and > Note: (d) the interests of the administration of justice. 7 Proceeding transferred to the Federal Magistrates Court On the transfer of a proceeding to the Federal Magistrates Court, the Registrar must send to the proper officer of the Federal Magistrates Court all documents filed and orders made in the proceeding. Order 9 Conduct of proceedings other than for principal relief Division 1 Application This Order applies to all proceedings except proceedings for principal relief.