51Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2)

#### 51 Discretionary transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2) (1) If: (a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and (b) the proceeding is a family law or child support proceeding; the Chief Justice may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1). (2) The Chief Justice may transfer a proceeding: (a) on the application of a party to the proceeding; or (b) on the Chief Justice’s own initiative. (3) In deciding whether to transfer a proceeding, the Chief Justice must have regard to: (a) any Rules of Court made for the purposes of subsection 53(2); and (b) whether proceedings in respect of an associated matter are pending in the Federal Circuit and Family Court of Australia (Division 1); and (c) whether the resources of the Federal Circuit and Family Court of Australia (Division 1) are sufficient to hear and determine the proceeding; and (d) the interests of the administration of justice. (4) An appeal does not lie from a decision of the Chief Justice in relation to the transfer of a proceeding under this section. (5) This section does not apply to proceedings of a kind specified in the regulations.