South Australian Consolidated Acts South Australian Consolidated Acts44A—Transfer of proceedings by State Family Courts
(1) This section
applies to a proceeding with respect to a civil matter arising under the
Corporations Law of South Australia in a State Family Court
(in this section called the "first court") having jurisdiction under
section 42A.
(2) If it appears to
the first court that—
(a) the
proceeding arises out of, or is related to, another proceeding pending in
another court of a State or of the Capital Territory, and that the court in
which the other proceeding is pending is the most appropriate court to
determine the first mentioned proceeding; or
(b)
having regard to—
(i)
whether, in the first court's opinion, apart from this
Division or a law of another State or the Capital Territory corresponding to
this Division, the proceeding, or a substantial part of it, would have been
incapable of being instituted in the first court; and
(ii)
the extent to which, in the first court's opinion, the
matters for determination in the proceeding are matters not within the
first court's jurisdiction apart from this Division or such a law; and
(iii)
the interests of justice,
another court of a State or of the Capital Territory, is the most appropriate
court to determine the proceeding; or
(c) it
is otherwise in the interests of justice that another court of a State or of
the Capital Territory, determine the proceeding,
the first court must transfer the proceeding to that other court.
(3) Subject to
subsection (2), if it appears to the first court that—
(a) the
proceeding arises out of, or is related to, another proceeding pending in
another State Family Court having jurisdiction under section 42A in the
matters for determination in the first mentioned proceeding, and that the
other court is the most appropriate court to determine the first mentioned
proceeding; or
(b) it
is otherwise in the interests of justice that the proceeding be determined by
another State Family Court having jurisdiction under section 42A in the
matters for determination in the proceeding,
the first court must transfer the proceeding to the other court.
(4) If—
(a) the
first court transfers the proceeding to another court; and
(b) it
appears to the first court that—
(i)
there is another proceeding pending in the first court
that arises out of, or is related to, the first mentioned proceeding; and
(ii)
it is in the interests of justice that the other court
also determine the other proceeding,
the first court must also transfer the other proceeding to the other court.
(5) Nothing in this
section confers on a court jurisdiction that the court would not otherwise
have.