Trade Marks Act 1994
Part 19JURISDICTION AND POWERS OF COURTS
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PART 19—JURISDICTION AND POWERS OF COURTS
Prescribed courts
- 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
- 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: