BANKRUPTCY ACT 1966

PART III - COURTS  

Division 2 - Jurisdiction and powers of courts in bankruptcy  

SECTION 35A   TRANSFER OF PROCEEDINGS TO FAMILY COURT  

35A(1)  
Subject to subsection (2), where a proceeding is pending in the Federal Court, the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Family Court.

35A(2)  
A proceeding that is pending in the Federal Court at the commencement of this section shall not be transferred to the Family Court unless the parties to the proceeding consent to the transfer.

35A(2A)  


If a proceeding is pending in the Federal Circuit Court, the Federal Circuit Court may, on the application of a party to the proceeding or on its own initiative, transfer the proceeding to the Family Court.

35A(3)  
Subject to subsection (4), where a proceeding is transferred to the Family Court:


(a) the Family Court has jurisdiction to hear and determine the proceeding;


(b) the Family Court also has jurisdiction to hear and determine matters not otherwise within its jurisdiction (whether by virtue of paragraph (a) or otherwise):


(i) that are associated with matters arising in the proceeding; or

(ii) that, apart from subsection 32(1) of the Federal Court of Australia Act 1976 , the Federal Court would have had jurisdiction to hear and determine in the proceeding;


(c) the Family Court may, in and in relation to the proceeding:


(i) grant such remedies;

(ii) make orders of such kinds; and

(iii) issue, and direct the issue of, writs of such kinds;
as the Federal Court could have granted, made, issued or directed the issue of, as the case may be, in and in relation to the proceeding;


(d) remedies, orders and writs granted, made or issued by the Family Court in and in relation to the proceeding have effect, and may be enforced by the Family Court, as if they had been granted, made or issued by the Federal Court;


(e) appeals lie from judgments of the Family Court given in and in relation to the proceeding as if the judgments were judgments of the Federal Court constituted by a single Judge, and do not otherwise lie; and


(f) subject to paragraphs (a) to (e) (inclusive), this Act, the Federal Court of Australia Act 1976 , and other laws of the Commonwealth, apply in and in relation to the proceeding as if:


(i) a reference to the Federal Court (other than in the expression " the Court or a Judge " ) included a reference to the Family Court;

(ii) a reference to a Judge of the Federal Court (other than in the expression " the Court or a Judge " ) included a reference to a Family Court Judge;

(iii) a reference to the expression " the Court or a Judge " when used in relation to the Federal Court included a reference to a Family Court Judge sitting in Chambers;

(iv) a reference to a Registrar included a reference to a Registrar of the Family Court; and

(v) any other necessary changes were made.
Note:

Rules of Court made under the Family Law Act 1975 (rather than Rules of Court made under the Federal Court of Australia Act 1976 ) apply in relation to proceedings transferred to the Family Court under this section.

35A(4)  
Where any difficulty arises in the application of paragraphs (3)(c), (d) and (f) in or in relation to a particular proceeding, the Family Court may, on the application of a party to the proceeding or of its own motion, give such directions, and make such orders, as it considers appropriate to resolve the difficulty.

35A(5)  


An appeal does not lie from a decision of the Federal Court or the Federal Circuit Court in relation to the transfer of a proceeding under this Act to the Family Court.



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