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PROTECTION OF THE SEA (OIL POLLUTION COMPENSATION FUNDS) ACT 1993 - SECT 32

Claims for compensation

  (1)   This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.

  (2)   The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.

  (3)   The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.

  (4)   The transfer may be made at any stage of the proceedings.

  (5)   The court may transfer proceedings on application or on its own initiative.

  (6)   If proceedings are transferred from a court:

  (a)   all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and

  (b)   the court to which the proceedings are transferred must proceed as if:

  (i)   the proceedings had originally been instituted in that court; and

  (ii)   the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.



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