South Australian Consolidated Acts South Australian Consolidated Acts44—Transfer of proceedings by the Federal Court and State and Territory
Supreme Courts
(1) This section
applies to the following:
(a) a
proceeding with respect to a civil matter arising under the Corporations Law
of South Australia that is in a court having jurisdiction under
section 42(1) or (2);
(b) a
proceeding with respect to a matter referred to in section 42(1a) that is
in a court having jurisdiction under that subsection or in the Federal Court.
(2) Subject to
subsections (3), (4) and (5), if it appears to the court that, having
regard to the interests of justice, it is more appropriate for the proceeding,
or an application in the proceeding, to be determined by another court having
jurisdiction in the matters for determination in the proceeding or
application, the first mentioned court may transfer the proceeding or
application to that other court.
(3) If a proceeding
with respect to a matter referred to in section 42(1a) is pending in the
Supreme Court of a State or the Capital
Territory (the "relevant jurisdiction"), the court must transfer the
proceeding to the Federal Court unless the matter for determination in it
arises out of, or relates to, another proceeding pending in any court of the
relevant jurisdiction—
(a) that
arises, or a substantial part of which arises, under the Corporations Law of a
State or the Capital Territory; and
(b) that
is not with respect to a matter referred to in section 42(1a),
regardless of which proceeding was commenced first.
(4) Even if the
Supreme Court of a State or the Capital Territory is not required by
subsection (3) to transfer a proceeding with respect to a matter referred
to in section 42(1a) to the Federal Court, it may nevertheless do so if
it considers that to be appropriate, having regard to the interests of
justice, including the desirability of related proceedings being heard in the
same jurisdiction.
(5) If a proceeding
with respect to a matter referred to in section 42(1a) is pending in the
Federal Court, the Federal Court may only transfer the proceeding, or an
application in the proceeding, to the Supreme Court of a State or the
Capital Territory (the "relevant jurisdiction ) if—
(a) the
matter arises out of, or relates to, another proceeding pending in any court
of the relevant jurisdiction—
(i)
that arises, or a substantial part of which arises, under
the Corporations Law of a State or the Capital Territory; and
(ii)
that is not a proceeding with respect to a matter
referred to in section 42(1a),
regardless of which proceeding was commenced first; and
(b) the
Federal Court considers the transfer to be appropriate, having regard to the
interests of justice, including the desirability of related proceedings being
heard in the same jurisdiction.
(6) Nothing in this
section confers on a court jurisdiction that the court would not otherwise
have.
(7) The fact that some
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 other references to the interests of justice, in this
section or elsewhere in this Act, do not include that matter.