sec.52Transfer to more appropriate forum

sec.52 Transfer to more appropriate forum

If the tribunal considers the subject matter of a proceeding or a part of a proceeding would be more appropriately dealt with by another tribunal, a court or another entity, the tribunal may, by order, transfer the matter to which the proceeding or part relates to the other tribunal, the court or the other entity. If the tribunal considers it does not have jurisdiction to hear all matters in a proceeding, the tribunal may, by order, transfer the matter or matters for which it does not have jurisdiction to— a court of competent jurisdiction; or another tribunal or entity having jurisdiction to deal with the matter or matters. The tribunal may make an order under subsection (2) (a) even though the proceeding has previously been transferred from a court to the tribunal under section 53 . If the tribunal transfers a matter to another tribunal, a court or another entity (the relevant entity ) under this section— a proceeding for the matter is taken to have been started before the relevant entity when it was started before the tribunal; and the tribunal may make the orders or give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under an Act or other law for starting a proceeding before the relevant entity. An order under subsection (4) (b) has effect despite any other Act or law. The tribunal may act under this section on the application of a party to the proceeding or on its own initiative. The tribunal’s power to act under this section is exercisable only by a legally qualified member. In this section— proceeding includes a process for the consideration of a matter. s 52 amd 2012 No. 37 s 40 (sec.52-ssec.1) If the tribunal considers the subject matter of a proceeding or a part of a proceeding would be more appropriately dealt with by another tribunal, a court or another entity, the tribunal may, by order, transfer the matter to which the proceeding or part relates to the other tribunal, the court or the other entity. (sec.52-ssec.2) If the tribunal considers it does not have jurisdiction to hear all matters in a proceeding, the tribunal may, by order, transfer the matter or matters for which it does not have jurisdiction to— a court of competent jurisdiction; or another tribunal or entity having jurisdiction to deal with the matter or matters. (sec.52-ssec.3) The tribunal may make an order under subsection (2) (a) even though the proceeding has previously been transferred from a court to the tribunal under section 53 . (sec.52-ssec.4) If the tribunal transfers a matter to another tribunal, a court or another entity (the relevant entity ) under this section— a proceeding for the matter is taken to have been started before the relevant entity when it was started before the tribunal; and the tribunal may make the orders or give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under an Act or other law for starting a proceeding before the relevant entity. (sec.52-ssec.5) An order under subsection (4) (b) has effect despite any other Act or law. (sec.52-ssec.6) The tribunal may act under this section on the application of a party to the proceeding or on its own initiative. (sec.52-ssec.7) The tribunal’s power to act under this section is exercisable only by a legally qualified member. (sec.52-ssec.8) In this section— proceeding includes a process for the consideration of a matter.