Australian Capital Territory Consolidated Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1993 - SECT 6

    (1)     If—

        (a)     a matter for determination in a proceeding that is pending in the Supreme Court is a special federal matter; and

        (b)     the court does not make an order under subsection (3) in respect of the matter;

the court shall transfer the proceeding in accordance with this section to the Federal Court or a court mentioned in subsection (2) (b).

    (2)     If the Supreme Court orders that a proceeding be transferred, the proceeding shall be transferred—

        (a)     if the matter for determination in the proceeding is a matter mentioned in the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1), definition of special federal matter, paragraph (a), (b), (c), (d) or (e)—to the Federal Court; or

        (b)     if the matter for determination in the proceeding is a matter mentioned in that definition, paragraph (ab)—to whichever of the Family Court, the Family Court of Western Australia or the Supreme Court of the Northern Territory, in the opinion of the court, is appropriate in the circumstances.

    (3)     The Supreme Court may order that the proceeding be determined by that court if it is satisfied that there are special reasons for doing so in the particular circumstances of the proceeding other than reasons relevant to the convenience of the parties.

    (4)     Before making an order under subsection (3), the Supreme Court shall be satisfied that—

        (a)     a written notice specifying the nature of the special federal matter has been given to the Attorney-General of the Commonwealth and the Attorney-General of the Australian Capital Territory; and

        (b)     a reasonable time has elapsed since the giving of the notice for the Attorneys-General to consider whether submissions to the court should be made in relation to the proceeding.

    (5)     For subsection (4), the Supreme Court—

        (a)     may adjourn the proceeding for such time as the court thinks necessary and may make such order as to costs in relation to an adjournment as it thinks fit; and

        (b)     may direct a party to the proceeding to give a notice in accordance with that subsection.

    (6)     In considering whether there are special reasons for the purposes of subsection (3), the Supreme Court shall—

        (a)     have regard to the general rule that special federal matters should be heard by the Federal Court or a court mentioned in subsection (2) (b), whichever is appropriate in the particular case; and

        (b)     take into account any submission made in relation to the proceeding by an Attorney-General mentioned in subsection (4).

    (7)     Nothing in this section prevents the Supreme Court granting urgent relief of an interlocutory nature if it is in the interests of justice to do so.

    (8)     If, through inadvertence, the Supreme Court determines a proceeding of the kind referred to in subsection (1) without—

        (a)     the court making an order under subsection (3) that the proceeding be determined by that court; or

        (b)     a notice mentioned in subsection (4) being given;

nothing in this section invalidates the decision of that court.