Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2007 (NO 1) (NO 16 OF 2007) - REG 10

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Division 2.14.1A     Transfer of proceedings between courts

1430     Transfer of proceeding from Supreme Court to Magistrates Court—application

    (1)     The Supreme Court may, on application by a party to a proceeding started in the Supreme Court or its own initiative, order that the proceeding be transferred to the Magistrates Court.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The Court may make an order under subsection (1) only if satisfied that—

        (a)     the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) is not more than the amount for which the Magistrates Court has jurisdiction to decide; and

        (b)     the proceeding could properly have been started in the Magistrates Court; and

        (c)     the Court considers it just to do so.

1431     Transfer of proceeding from Supreme Court to Magistrates Court—procedure

    (1)     This rule applies if the Supreme Court orders under rule 1430 that a proceeding be transferred to the Magistrates Court.

    (2)     A party to the proceeding may file in the Magistrates Court a copy of—

        (a)     the order; and

        (b)     each of the pleadings in the proceeding; and

        (c)     any other relevant documents filed in the Supreme Court.

    (3)     When the documents mentioned in subrule (2) are filed, the proceeding—

        (a)     stops being a proceeding in the Supreme Court; and

        (b)     becomes a proceeding in the Magistrates Court.

    (4)     The proceeding is taken to have been started in the Magistrates Court on the day the proceeding was started in the Supreme Court.

    (5)     Costs in the proceeding are to be allowed—

        (a)     for costs incurred before the order under rule 1430 is made (including the costs of getting the order) and the costs of getting the copies mentioned in subrule (2)—

              (i)     if the Court makes an order in relation to the costs—in accordance with the order; or

              (ii)     in any other case—at the prescribed scale of costs; and

        (b)     for costs incurred after the order is made (not including the costs of getting the copies mentioned in subrule (2))—in accordance with rule 1722 (Costs—solicitors' costs generally) as if the proceeding were a proceeding in the Magistrates Court immediately after the order is made.

1432     Transfer of proceeding from Magistrates Court to Supreme Court—application

    (1)     The Supreme Court may, on application by a party to a proceeding started in the Magistrates Court, order that the proceeding be transferred to the Supreme Court.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The Court may make an order under subsection (1) on the conditions about costs, security for the amount claimed for costs, or otherwise, that the Court considers just.

1433     Transfer of proceeding from Magistrates Court to Supreme Court—stay of proceeding

    (1)     This rule applies to an application under rule 1432.

    (2)     The Supreme Court may, on application by a party to the proceeding, order that the proceeding be stayed until the application is decided or the Court otherwise orders.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     An order under this rule takes effect immediately on filing a copy of the order in the Magistrates Court.