Queensland Civil and Administrative Tribunal Act 2009
sec.53Transfer from a court
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sec.53 Transfer from a court
If a proceeding is started in a court and the subject matter of the proceeding could be heard by the tribunal under this Act, the court may, by order, transfer the proceeding to the tribunal. If a court transfers a proceeding to the tribunal under subsection (1) — the proceeding is taken to have been started before the tribunal when it was started in the court; and the court may make the orders and 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 this Act, an enabling Act or the rules for starting a proceeding before the tribunal. An order under subsection (2) (b) has effect despite any provision of this Act, an enabling Act or the rules. A court may act under this section on the application of a party to the proceeding or on its own initiative. (sec.53-ssec.1) If a proceeding is started in a court and the subject matter of the proceeding could be heard by the tribunal under this Act, the court may, by order, transfer the proceeding to the tribunal. (sec.53-ssec.2) If a court transfers a proceeding to the tribunal under subsection (1) — the proceeding is taken to have been started before the tribunal when it was started in the court; and the court may make the orders and 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 this Act, an enabling Act or the rules for starting a proceeding before the tribunal. (sec.53-ssec.3) An order under subsection (2) (b) has effect despite any provision of this Act, an enabling Act or the rules. (sec.53-ssec.4) A court may act under this section on the application of a party to the proceeding or on its own initiative.
- (a) the proceeding is taken to have been started before the tribunal when it was started in the court; and
- (b) the court may make the orders and 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 this Act, an enabling Act or the rules for starting a proceeding before the tribunal.