Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral rule
(1) If section 212 (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 proceeding.
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 212 is satisfied in relation to the transfer of a matter mentioned 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.
(3) In this Act:
"lower court" means:
(a) the Federal Circuit and Family Court of Australia (Division 2); or
(b) a court of a State or Territory that is not a superior court.
"relevant superior court" , in relation to a lower court, means:
(a) if the lower court is the Federal Circuit and Family Court of Australia (Division 2)--the Federal Court; or
(b) if the lower court is a court of a State or Territory--the Supreme Court of the State or Territory.
"superior court" means:
(a) the Federal Court; or
(aa) the Federal Circuit and Family Court of Australia (Division 1); or
(b) a Supreme Court of a State or Territory; or
(d) a State Family Court.