(1) The Rules of Court may make provision in relation to transfers of proceedings to the Federal Circuit and Family Court of Australia (Division 1) under subsection 149(1), including in relation to the scale of costs that applies to any order made in respect of proceedings that are transferred.
(2) In particular, the Rules of Court may specify matters to which the Federal Circuit and Family Court of Australia (Division 2) must have regard in deciding whether to transfer a proceeding to the Federal Circuit and Family Court of Australia (Division 1) under subsection 149(1).
(3) Before Rules of Court are made for the purposes of this section, the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) must consult the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).