39Discretionary transfer of proceedings to the Federal Court or the Family Court

#### 39 Discretionary transfer of proceedings to the Federal Court or the Family Court (1) If a proceeding is pending in the Federal Circuit Court of Australia, the Federal Circuit Court of Australia may, by order, transfer the proceeding from the Federal Circuit Court of Australia to the Federal Court or the Family Court. (2) The Federal Circuit Court of Australia may transfer a proceeding under this section: (a) on the application of a party to the proceeding; or (b) on its own initiative. (3) In deciding whether to transfer a proceeding to the Federal Court under subsection (1), the Federal Circuit Court of Australia must have regard to: (a) any Rules of Court made for the purposes of subsection 40(2); and (b) whether proceedings in respect of an associated matter are pending in the Federal Court; and (c) whether the resources of the Federal Circuit Court of Australia are sufficient to hear and determine the proceeding; and (d) the interests of the administration of justice. (4) In deciding whether to transfer a proceeding to the Family Court under subsection (1), the Federal Circuit Court of Australia must have regard to: (a) any Rules of Court made for the purposes of subsection 40(4); and (b) whether proceedings in respect of an associated matter are pending in the Family Court; and (c) whether the resources of the Federal Circuit Court of Australia are sufficient to hear and determine the proceeding; and (d) the interests of the administration of justice. (5) If an order is made under subsection (1), the Federal Circuit Court of Australia may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court or the Family Court, as the case requires. (6) An appeal does not lie from a decision of the Federal Circuit Court of Australia in relation to the transfer of a proceeding under subsection (1). (7) A reference in subsection (1) to a proceeding pending in the Federal Circuit Court of Australia includes a reference to a proceeding that was instituted in contravention of subsection 19(1). (8) This section does not apply to proceedings of a kind specified in the regulations.