Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GK

  (1)   If:

  (a)   a civil proceeding instituted by a person is pending in the Federal Court; and

  (b)   a matter for determination in the proceeding arose under:

  (i)   this Division; or

  (ii)   Part   3 in its application in relation to an investigation of a contravention of this Division;

the Federal Court may, subject to subsection   (2), upon the application of a party or of the Federal Court's own motion, transfer the matter to a court of a State or Territory and may also transfer to that court any other matter for determination in the proceeding.

  (2)   The Federal Court must not transfer a matter to another court under subsection   (1) unless the other court has power to grant the remedies sought before the Federal Court in the matter and it appears to the Federal Court that:

  (a)   the matter arises out of or is related to a proceeding that is pending in the other court; or

  (b)   it is otherwise in the interests of justice that the matter be determined by the other court.

  (3)   If the Federal Court transfers a matter to another court under subsection   (1):

  (a)   further proceedings in the matter must be as directed by the other court; and

  (b)   the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.

  (4)   If:

  (a)   a proceeding is pending in a court (other than the Supreme Court) of a State or Territory; and

  (b)   a matter for determination in the proceeding arose under:

  (i)   this Division; or

  (ii)   Part   3 in its application in relation to an investigation of a contravention of this Division;

the court must, if directed to do so by the Federal Court, transfer to the Federal Court the matter and such other matters for determination in the proceeding, as the Federal Court decides, the determination of which would, apart from any law of a State or of the Northern Territory relating to cross - vesting of jurisdiction, be within the jurisdiction of the Federal Court.

  (5)   If:

  (a)   a proceeding is pending in a court (other than the Supreme Court) of a State or Territory; and

  (b)   a matter for determination in the proceeding arose under:

  (i)   this Division; or

  (ii)   Part   3 in its application in relation to an investigation of a contravention of this Division;

the court may, subject to subsection   (6), upon the application of a party or of the court's own motion, transfer the matter to a court (other than the Supreme Court) of a State or Territory other than the State or Territory referred to in paragraph   (a).

  (6)   The court must not transfer the matter to another court under subsection   (5) unless the other court has power to grant the remedies sought in the matter and it appears to the court that:

  (a)   the matter arises out of or is related to a proceeding that is pending in the other court; or

  (b)   it is otherwise in the interests of justice that the matter be determined by the other court.

  (7)   If a court transfers a matter to another court under subsection   (5), further proceedings in the matter must be as directed by the other court.