Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 192

Transfers--exercise of transfer power

General rule

  (1)   If section   193 (which deals with the criteria for transfers) is satisfied, the transferring court may transfer to the receiving court:

  (a)   the transfer matter; and

  (b)   if the transferring court considers it necessary or convenient--any related application (or all related applications) in the proceedings.

Cross - jurisdictional transfers between lower courts and superior courts

  (2)   However, if the transferring court is a lower court, and the transferring court considers that section   193 is satisfied in relation to the transfer of a matter referred to in subsection   (1) of this section to a receiving court that is a superior court other than the relevant superior court:

  (a)   the transferring court does not have the power to transfer the matter to that receiving court; but

  (b)   the transferring court may:

  (i)   transfer the matter to the relevant superior court; and

  (ii)   give the relevant superior court a recommendation that the matter be transferred to that receiving court by the relevant superior court.



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