Western Australian Consolidated Acts

CORPORATIONS (WESTERN AUSTRALIA) ACT 1990 - SECT 44D

44D .         Transfer of documents

                Where, under section 44, 44A or 44AA, a court transfers a proceeding, or an application in a proceeding, to another court — 

            (a)         the registrar or other proper officer of the first-mentioned court, must transmit to the registrar or other proper officer of the other court all documents filed in the first-mentioned court in respect of the proceeding or application, as the case may be; and

            (b)         the other court must proceed as if — 

                  (i)         the proceeding had been originally instituted in the other court; and

                  (ii)         the same proceedings had been taken in the other court as were taken in the first-mentioned court; and

                  (iii)         in a case where an application is transferred —the application had been made in the other court.

        [Section 44D inserted by No. 51 of 1991 s. 11; amended by No. 28 of 1995 s. 12.]