Western Australian Consolidated Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 6A

6A .         Special federal matters: Commonwealth authorities or officers acting under the laws of States

        (1)         This section applies to a proceeding (in this section referred to as the federal matter proceeding ) if —

            (a)         a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of special federal matter in section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth;

            (b)         the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers conferred on a Commonwealth authority, or officer of the Commonwealth, by an enactment (in this subsection referred to as the State enactment ) referred to in paragraph (ca) or (cb) of the definition of enactment in section 3(1) of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth; and

            (c)         the matter for determination in the proceeding arises out of, or relates to, another proceeding (in this section referred to as the State matter proceeding ) pending in any court of this State —

                  (i)         that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another State; and

                  (ii)         none of the matters for determination in which are covered by paragraph (c) or (e) of the definition of special federal matter in section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth,

                regardless of which proceeding was commenced first.

        (2)         If —

            (a)         the federal matter proceeding is pending in the Federal Court or the Family Court; and

            (b)         having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the Federal Court or the Family Court considers it appropriate to transfer the proceeding to the Supreme Court,

                the Federal Court or the Family Court may transfer the proceeding to the Supreme Court, and section 5(5) does not apply to the federal matter proceeding.

        (3)         If —

            (a)         the federal matter proceeding is pending in the Supreme Court; and

            (b)         the State matter proceeding is pending in any court of this State,

                neither section 5(1) nor section 6 applies to require the Supreme Court to transfer the federal matter proceeding to the Federal Court or the Family Court, but the Supreme Court may 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.

        (4)         Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

        (5)         The fact that 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 references to the interests of justice elsewhere in this Act do not include that matter.

        (6)         In this section —

        Commonwealth authority means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth;

        officer of the Commonwealth has the same meaning as in section 75(v) of the Constitution of the Commonwealth.

        [Section 6A inserted by No. 32 of 2001 s. 26; amended by No. 8 of 2009 s. 82.]