South Australian Consolidated Acts South Australian Consolidated Acts44AA—Transfer of proceedings in lower courts
(1) This section
applies to a proceeding with respect to a civil matter arising under the
Corporations Law of South Australia in a lower court (the
"first court") having jurisdiction under section 42B.
(2) If it appears to
the first 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 (the "second court") having
jurisdiction in the matters for determination in the proceeding or
application, the first court may take action under whichever of
subsections (3) and (4) applies.
(3) If the
second court is also a lower court, the first court may transfer the
proceeding or application to the second court.
(4) If the
second court is a superior court, the first court may transfer the proceeding
or application to the relevant Supreme Court and recommend that the proceeding
or application be transferred by the Supreme Court to the second court.
(5) The
relevant Supreme Court is not bound to comply with a recommendation under
subsection (4) and it may instead decide—
(a) to
deal with the proceeding or application itself; or
(b) to
transfer the proceeding or application to some other court (which could be the
first court).
(6) Nothing in this
section allows the relevant Supreme Court to transfer the proceeding or
application to another court otherwise than in accordance with section 44
and the other requirements of this Division.
(6a) Nothing in this
section confers on a court jurisdiction that the court would not otherwise
have.
(7) In this
section—
"relevant Supreme Court" means the Supreme Court of the State or Territory of
which the first court is a court.