32ACDiscretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2)

#### 32AC Discretionary transfer of civil 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 not a family law or child support proceeding; the Court may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court. (2) The Court may transfer a proceeding: (a) on the application of a party to the proceeding; or (b) on its own initiative. (3) The Rules of Court may make provision in relation to transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) under this section. (4) In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2). (5) Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Circuit and Family Court of Australia (Division 2). (6) In deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2), the Court must have regard to: (a) any Rules of Court made for the purposes of subsection (4); and (b) whether proceedings in respect of an associated matter are pending in the Court; and (c) whether the resources of the Court are sufficient to hear and determine the proceeding; and (d) the interests of the administration of justice. (7) An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under this section. (8) The Court has jurisdiction in a matter that: (a) is the subject of a proceeding transferred to the Court under this section; and (b) is a matter in which the Court does not have jurisdiction apart from this subsection. To avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision. (9) This section does not apply to criminal proceedings. (10) This section does not apply to proceedings of a kind specified in the regulations.