Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to a proceeding with respect to a civil matter arising under the
Corporations Law of Western 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.
(7) In this section
relevant Supreme Court means the Supreme Court of the State or Territory of
which the first court is a court.
[Section 44AA inserted by No. 28 of 1995
s. 9.]