Australian Capital Territory Consolidated Acts

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

    (1)     This section applies to a proceeding (the federal matter proceeding ) if—

        (a)     a matter for determination in the proceeding is covered by the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1), definition of "special federal matter", paragraph (c) or (e); and

Note     Paragraph (c) of that definition is about matters arising under the Administrative Decisions (Judicial Review) Act 1977 (Cwlth), and paragraph (e) of that definition is about matters that are within the original jurisdiction of the Federal Court under the Judiciary Act 1903 (Cwlth), s 39B .

        (b)     the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers given to a Commonwealth authority, or officer of the Commonwealth, by an enactment (the ACT enactment ) mentioned in the Administrative Decisions (Judicial Review) Act 1977 (Cwlth), section 3 (1), definition of "enactment", paragraph (ca) or (cb); and

        (c)     the matter for determination in the proceeding arises out of, or relates to, another proceeding (the ACT matter proceeding ) pending in any ACT court, if the ACT matter proceeding—

              (i)     arises, or a substantial part of it arises, under the ACT enactment or a corresponding enactment of another State; and

              (ii)     does not involve a matter for determination covered by the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1), definition of "special federal matter", paragraph (c) or (e);

regardless of which proceeding was begun first.

    (2)     If—

        (a)     the federal matter proceeding is pending in the Federal Court or Family Court; and

        (b)     having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the Federal Court or Family Court considers it appropriate to transfer the proceeding to the Supreme Court;

the Federal Court or Family Court may transfer the proceeding to the Supreme Court.

    (3)     Section 5 (4) does not apply to a federal matter proceeding mentioned in subsection (2).

    (4)     If—

        (a)     the federal matter proceeding is pending in the Supreme Court; and

        (b)     the ACT matter proceeding is pending in any ACT court;

sections 5 (1) and 6 do not require the Supreme Court to transfer the federal matter proceeding to the Federal Court or Family Court.

    (5)     However, the Supreme Court may transfer the federal matter proceeding mentioned in subsection (4) if it considers it appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.

    (6)     This section does not give a court jurisdiction that it would not otherwise have.

    (7)     The fact that references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that references to the interests of justice elsewhere in this Act do not include that matter.

    (8)     In this section:

"Commonwealth authority" means an authority or other body (whether incorporated or not) that is established under a Commonwealth Act.

"officer of the Commonwealth"—see the Commonwealth Constitution, section 75 (v).