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 196
TRANSFERS
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CONDUCT OF PROCEEDINGS
196(1)
[
Rules of evidence and procedure]
(a) are applied in any superior court; and
(b) the court considers appropriate to be applied in the circumstances. 196(2) [ Where proceedings transferred under s 192]
Subject to any applicable rules of court, in dealing with the transfer matter transferred to the court under section 192 , the receiving court must apply rules of evidence and procedure that:
(a) are applied in any superior court; and
(b) the court considers appropriate to be applied in the circumstances. 196(2) [ Where proceedings transferred under s 192]
If proceedings are transferred under section 192 from the transferring court to the receiving court, the receiving court must deal with the proceedings as if, subject to any order of the transferring court, the steps that had been taken for the purposes of the proceedings in the transferring court (including the making of an order), or similar steps, had been taken in the receiving court.