Part 19JURISDICTION AND POWERS OF COURTS

PART 19—JURISDICTION AND POWERS OF COURTS Prescribed courts 199. Each of the following courts is a prescribed court for the purposes of this Act: (a) the Federal Court; (b) the Supreme Court of a State; (c) the Supreme Court of the Australian Capital Territory; (d) the Supreme Court of the Northern Territory; (e) the Supreme Court of Norfolk Island. Jurisdiction of the Federal Court 200.(1) The Federal Court has jurisdiction with respect to matters arising under this Act. (2) The jurisdiction of the Federal Court to hear and determine appeals against decisions, directions or orders of the Registrar is exclusive of the jurisdiction of any other court except the jurisdiction of the High Court under section 75 of the Constitution. (3) A prosecution for an offence against this Act may not be started in the Federal Court. Jurisdiction of other prescribed courts 201.(1) Each prescribed court (other than the Federal Court) has jurisdiction with respect to matters in respect of which proceedings may, under this Act, be started in a prescribed court. (2) The jurisdiction conferred by subsection (1) on the Supreme Court of a Territory is conferred to the extent that the Constitution permits in the case of: (a) an action for the infringement of a trade mark; or (b) an action under section 138; or (c) a matter arising under this Act that may be heard and determined in the course of such proceedings. (3) In any other case, the jurisdiction is conferred only in relation to an action brought by a natural person who is resident in the territory, or a corporation that has its principal place of business in the Territory, at the time the proceedings are started. Exercise of jurisdiction 202. The jurisdiction of a prescribed court under section 200 or 201 is to be exercised by a single judge. Transfer of proceedings 203.(1) A prescribed court in which an action or proceeding under this Act has been started may, on the application of a party made at any stage, by an order, transfer the action or proceeding to another prescribed court having jurisdiction to hear and determine the action or proceeding. (2) When a court transfers an action or proceeding to another court: (a) all relevant documents of record filed in the transferring court must be sent to the other court by the Registrar or other appropriate officer of the transferring court; and (b) the action or proceeding must continue in the other court as if: (i) it had been started there; and (ii) all steps taken in the transferring court had been taken in the other court. Appeals 204.(1) An appeal lies to the Federal Court against a judgment or order of: (a) another prescribed court exercising jurisdiction under this Act; or (b) any other court in an action under Part 13. (2) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court against a judgment or order of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals from decisions or directions of the Registrar. (3) With the special leave of the High Court, an appeal lies to the High Court against a judgment or order referred to in subsection (1). (4) Except as otherwise provided by this section, an appeal does not lie against a judgment or order referred to in subsection (1). Registrar may appear in appeals 205. The Registrar may appear and be heard at the hearing of an appeal to the Federal Court against a decision or direction of the Registrar. Powers of Federal Court 206. On hearing an appeal against a decision or direction of the Registrar, the Federal Court may do any one or more of the following: (a) admit further evidence orally, or on affidavit or otherwise; (b) permit the examination and cross-examination of witnesses, including witnesses who gave evidence before the Registrar; (c) order an issue of fact to be tried as it directs; (d) affirm, reverse or vary the Registrar’s decision or direction; (e) give any judgment, or make any order, that, in all the circumstances, it thinks fit; (f) order a party to pay costs to another party. Practice and procedure of prescribed courts 207. The regulations may make provision about the practice and procedure of prescribed courts in an action or proceeding under this Act, including provision: (a) prescribing the time for starting the action or proceeding or for doing any other act or thing; or (b) for an extension of that time.