National Consumer Credit Protection Act 2009
CHAPTER 4
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REMEDIES
PART 4-3
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JURISDICTION AND PROCEDURE OF COURTS
Division 2
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Civil proceedings
Subdivision C
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Transfers between courts
SECTION 192
TRANSFERS
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EXERCISE OF TRANSFER POWER
General rule
192(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
192(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:
General rule
192(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
192(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.