(a) the Federal Court does not have jurisdiction in relation to any matter in which a person seeks a writ of mandamus or prohibition, or an injunction, against the officer in relation to that decision; and
(b) jurisdiction in relation to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution is proposed to be brought.
(2) Subject to subsection (4), at any time when:
(a) a prosecution for an offence against this Act is before a court of a State or Territory; or
(b) an appeal arising out of such a prosecution is before a court of a State or Territory;
the following apply:
(c) the Federal Court does not have jurisdiction in relation to any matter in which the person who is or was the defendant in the prosecution seeks a writ of mandamus or prohibition, or an injunction, against an officer of the Commonwealth in relation to a related criminal justice process decision;
(d) jurisdiction in relation to any such matter is conferred on the Supreme Court of the State or Territory in which the prosecution or appeal is before a court.
(3) A related criminal justice process decision, in relation to an offence, means a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
(a) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
(b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
(c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
(d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
(e) a decision in connection with an appeal arising out of the prosecution.
(4) Subsection (2) does not apply if a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer of the Commonwealth in relation to a related criminal justice process decision before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.
(5) If subsection (4) applies, the prosecutor may apply to the court for a permanent stay of the proceedings referred to in that subsection and the court may grant such a stay if the court determines that:
(a) the matters that are the subject of the proceedings are more appropriately dealt with in the criminal justice process; and
(b) a stay of proceedings will not substantially prejudice the person.
(6) Subsections (1), (2), (4) and (5) have effect despite anything in this Act or in any other law. In particular:
(a) neither this Act, nor any other law, has the effect of giving the Federal Court jurisdiction contrary to subsection (1) or (2); and
(b) neither section 9 of the Administrative Decisions (Judicial Review) Act 1977, nor any other law, has the effect of removing from the Supreme Court of a State or Territory the jurisdiction given to that court by subsection (1) or (2).
189 Cross‑jurisdictional appeals
The following table has effect:
Cross‑jurisdictional appeals
Item Despite any other law of the Commonwealth, an appeal in relation to a matter arising under this Act does not lie from a decision of ... to any of the following courts:
1 the Federal Court (a) a court of a State;(b) a court of a Territory;(c) the Federal Circuit and Family Court of Australia (Division 2).
2 the Federal Circuit and Family Court of Australia (Division 2) (a) a court of a State;(b) a court of a Territory.
3 a court of a State (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) a court of another State;(d) a court of a Territory.
4 a court of the Australian Capital Territory (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) a court of a State;(d) a court of another Territory.
5 a court of the Northern Territory (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) a court of a State;(d) a court of another Territory.
6 The Supreme Court of Norfolk Island (a) the Federal Circuit and Family Court of Australia (Division 2);(b) a court of a State;(c) a court of another Territory.
190 Courts to act in aid of each other
All of the following must severally act in aid of, and be auxiliary to, each other in civil matters arising under this Act:
(a) courts on which jurisdiction is conferred under this Division;
(b) officers of, or under the control of, those courts.
Subdivision C—Transfers between courts
191 Transfers—application of Subdivision
Scope of Subdivision
(1) This Subdivision applies if all the following conditions are satisfied:
(a) proceedings in relation to a civil matter arising under this Act are pending, or have come, before a court (the transferring court) on which jurisdiction is conferred under this Division in relation to the matter;
(b) jurisdiction is also conferred on another court (the receiving court) under this Division in relation to either of the following (the transfer matter):
(i) the entire proceedings;
(ii) an application in the proceedings;
(c) the receiving court has the power to grant the remedies sought before the transferring court in relation to the transfer matter.
Transfers to which other legislation applies
(2) This Subdivision does not apply to a transfer between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2), except as provided by paragraph 192(2)(b).
Note 1: Paragraph 192(2)(b) gives the Federal Circuit and Family Court of Australia (Division 2) the power to transfer a matter to the Federal Court with a recommendation that the Federal Court transfer the matter to another superior court.
Note 2: For transfers from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2): see section 32AB of the Federal Court of Australia Act 1976.
Note 3: For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.
192 Transfers—exercise of transfer power
General rule
(1) If section 193 (which deals with the criteria for transfers) is satisfied, the transferring court may transfer to the receiving court:
(a) the transfer matter; and
(b) if the transferring court considers it necessary or convenient—any related application (or all related applications) in the proceedings.
Cross‑jurisdictional transfers between lower courts and superior courts
(2) However, if the transferring court is a lower court, and the transferring court considers that section 193 is satisfied in relation to the transfer of a matter referred to in subsection (1) of this section to a receiving court that is a superior court other than the relevant superior court:
(a) the transferring court does not have the power to transfer the matter to that receiving court; but
(b) the transferring court may:
(i) transfer the matter to the relevant superior court; and
(ii) give the relevant superior court a recommendation that the matter be transferred to that receiving court by the relevant superior court.
193 Transfers—criteria for transfer
General
(1) The transferring court may make a transfer under section 192 only if it appears to the transferring court, taking into account the considerations covered by subsection (2) of this section, that:
(a) the transfer matter arises out of, or is related to, other proceedings pending, or that have come, before the receiving court; or
(b) it is otherwise in the interests of justice that the transfer matter be determined by the receiving court.
Relevant considerations
(2) The considerations covered by this subsection include the following:
(a) the principal location, or place of business, of the parties in relation to the transfer matter;
(b) where the event (or events) that are the subject of the transfer matter took place;
(c) if the transfer matter involves secured real property—the jurisdiction in which the real property is located;
(d) the desirability of related proceedings being heard in the same State or Territory;
(e) any relevant recommendation received under subsection 192(2);
(f) the suitability (taking into account the considerations referred to in paragraphs (a) to (e) and any other consideration) of having the transfer matter determined by the receiving court.
194 Transfers—how initiated
A court may make a transfer under section 192:
(a) on the application of a party made at any stage; or
(b) at the court’s own initiative.
195 Transfers—documents and procedure
If the transferring court transfers proceedings or an application to the receiving court under section 192:
(a) the Registrar (or other proper officer) of the transferring court must give the Registrar (or other proper officer) of the receiving court all documents filed in the transferring court in relation to the proceedings or application; and
(b) the receiving court must proceed as if:
(i) the proceedings or application had been originally brought or made in the receiving court; and
(ii) the same proceedings had been taken in the receiving court as were taken in the transferring court.
196 Transfers—conduct of proceedings
(1) Subject to any applicable rules of court, in dealing with the transfer matter transferred to the court under section 192, the receiving court must apply rules of evidence and procedure that:
(a) are applied in any superior court; and
(b) the court considers appropriate to be applied in the circumstances.
(2) If proceedings are transferred under section 192 from the transferring court to the receiving court, the receiving court must deal with the proceedings as if, subject to any order of the transferring court, the steps that had been taken for the purposes of the proceedings in the transferring court (including the making of an order), or similar steps, had been taken in the receiving court.
197 Transfers—entitlement to practise as a lawyer
(1) If proceedings (the transferred proceedings) in the transferring court are transferred to the receiving court under section 192, a person who is entitled to practise as a lawyer (however described) in the transferring court has the same entitlements to practise in relation to the matters covered by subsection (2) in the receiving court that the person would have if the receiving court were a federal court exercising federal jurisdiction.
(2) This subsection covers the following matters:
(a) the transferred proceedings;
(b) any other proceedings out of which the transferred proceedings arise or to which the transferred proceedings are related, if the other proceedings are to be determined together with the transferred proceedings.
198 Transfers—limitation on appeals
An appeal does not lie from a decision of a court:
(a) in relation to the transfer of proceedings under section 192; or
(b) as to which rules of evidence and procedure are to be applied under subsection 196(1).
Subdivision D—Other matters
199 Plaintiffs may choose small claims procedure
Application for small claims procedure
(1) Proceedings are to be dealt with as small claims proceedings under this section if:
(a) a person applies to a magistrates court, local court or the Federal Circuit and Family Court of Australia (Division 2) for an order covered by subsection (2); and
(b) the person indicates, in the manner (if any) prescribed by the regulations or by the rules of the court, that the person wants the small claims procedure to apply to the proceedings.
Orders for which small claims procedure triggered
(2) The following table sets out when an order is covered by this subsection:
Orders for which small claims procedure triggered
Item An order is covered by this subsection if it is made under ... but only if (if applicable) ...
1 Section 178 the order is for an amount that is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
2 Section 37 of the National Credit Code the value of the credit contract, mortgage or guarantee to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
3 Subsection 38(7) of the National Credit Code the value of the credit contract, mortgage or guarantee to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
4 Section 74 of the National Credit Code not applicable.
5 Section 75 of the National Credit Code not applicable.
6 Section 76 of the National Credit Code the value of the credit contract, mortgage or guarantee to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
7 Section 78 of the National Credit Code the value of the credit contract, mortgage or guarantee to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
8 Section 96 of the National Credit Code not applicable.
9 Section 101 of the National Credit Code the value of the credit contract, mortgage or guarantee to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
10 Section 106 of the National Credit Code the order is for an amount that is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
11 Subsection 107(3) of the National Credit Code the order is for an amount that is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
12 Section 108 of the National Credit Code the value of the credit contract, mortgage or guarantee to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
13 Section 118 of the National Credit Code the order is for an amount that is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
14 Section 175F of the National Credit Code the value of the consumer lease to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
15 Subsection 175G(6) of the National Credit Code the value of the consumer lease to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
16 Section 177D of the National Credit Code not applicable.
17 Section 177E of the National Credit Code not applicable.
18 Section 177F of the National Credit Code the value of the consumer lease to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
19 Section 179K of the National Credit Code not applicable.
20 Section 179Q of the National Credit Code the value of the consumer lease to which the order relates is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
21 Subsection 179R(3) of the National Credit Code the order is for an amount that is not more than:(a) $40,000; or(b) if a higher amount is prescribed by the regulations—that higher amount.
(3) The value of a credit contract, mortgage, guarantee or consumer lease is:
(a) worked out in accordance with the regulations; or
(b) if there are no regulations in force for the purposes of paragraph (a):
(i) for a credit contract—the amount of credit that has been, or may be, provided under the contract; and
(ii) for a mortgage—the amount of credit that has been, or may be, provided under the credit contract to which the mortgage relates; and
(iii) for a guarantee—the amount of credit that has been, or may be, provided under the credit contract to which the guarantee relates; and
(iv) for a consumer lease—the amount payable under the consumer lease, as referred to in paragraph 170(1)(b) of the National Credit Code.
Court may make ancillary or consequential orders
(4) To avoid doubt, the court may make any ancillary or consequential orders it considers appropriate in relation to the orders made under the provisions referred to in subsection (2). The limits referred to in column 3 of the table do not apply to those ancillary or consequential orders.
Procedure
(5) In small claims proceedings, the court is not bound by any rules of evidence and procedure and may act:
(a) in an informal manner; and
(b) without regard to legal forms and technicalities.
(6) At any stage of the small claims proceedings, the court may amend the papers commencing the proceedings if sufficient notice is given to any party adversely affected by the amendment.
Legal representation
(7) A party to small claims proceedings may be represented in the proceedings by a lawyer only with the leave of the court.
(8) If the court grants leave for a party to the proceedings to be represented by a lawyer, the court may, if it considers appropriate, do so subject to conditions designed to ensure that no other party is unfairly disadvantaged.
(9) For the purposes of this section, a person is taken not to be represented by a lawyer if the lawyer is an employee or officer of the person.
200 Costs only if proceedings brought vexatiously etc.
(1) In proceedings that:
(a) are dealt with as small claims proceedings (see section 199); or
(b) relate to section 74, 96, 177D or 179K of the National Credit Code (which deal with hardship and postponement orders);