3.01Transfer to Federal Circuit and Family Court (Division 1)

3.01 Transfer to Federal Circuit and Family Court (Division 1)

(1) The Federal Circuit and Family Court (Division 2) may, on the application of a party or on its own initiative, transfer a family law or child support proceeding pending in the Court to the Federal Circuit and Family Court (Division 1) under section 149 of the Federal Circuit and Family Court Act. (2) Unless the Federal Circuit and Family Court (Division 2) otherwise orders, an application under this rule must be made by application supported by an affidavit or included in a response supported by an affidavit. (3) In addition to the factors to which the Federal Circuit and Family Court (Division 2) must have regard under subsection 149(3) of the Federal Circuit and Family Court Act in deciding whether to transfer a proceeding to the Federal Circuit and Family Court (Division 1), the Federal Circuit and Family Court (Division 2) must have regard to the following matters: (a) whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Circuit and Family Court (Division 1) on one or more of the points in issue; (b) the financial value of the claim; (c) the complexity of the facts, legal issues, remedies and procedures involved; (d) whether the proceeding, if transferred, is likely to be dealt with: (i) at less cost to the parties; or (ii) at more convenience to the parties; or (iii) earlier; (e) the availability of a judicial officer specialising in the type of proceeding to which the application relates; (f) the availability of particular procedures appropriate for the class of proceeding; (g) the adequacy of the available facilities, having regard to any disability of a party or witness, and any safety concerns; (h) the wishes of the parties.