Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 2   Jurisdiction of Norfolk Island courts

Division 3   Application, saving and transitional provisions

98   Action to be taken before abolition of Supreme Court

Registrar must transfer proceedings

(1) As soon as practicable after the first day on which no person holds office as a Judge of the Supreme Court of Norfolk Island, the Registrar of the court must transfer all proceedings in the court (including completed proceedings) to:

(a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of a court prescribed for the purposes of subitem 96(4)(the prescribed court ) - the prescribed court; or

(b) in any other case - the Supreme Court of the prescribed State or Territory.

Transfer to prescribed court of prescribed State or Territory

(2) If proceedings are transferred to the prescribed court under paragraph (1)(a):

(a) all documents filed in the Supreme Court of Norfolk Island in the proceedings are to be transmitted to the prescribed court; and

(b) any money lodged with the Supreme Court of Norfolk Island in relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in relation to the proceedings; and

(c) everything done in or in relation to the proceedings in the Supreme Court of Norfolk Island is taken to have been done in the prescribed court.

(3) If proceedings transferred to the prescribed court under paragraph (1)(a) are not completed before the transfer, the prescribed court may:

(a) hear, or further hear, the proceedings; and

(b) determine the proceedings; and

(c) have regard to any evidence or argument in the proceedings in the Supreme Court of Norfolk Island.

Transfer to Supreme Court of prescribed State or Territory

(4) If proceedings are transferred to the Supreme Court of the prescribed State or Territory under paragraph (1)(b):

(a) all documents filed in the Supreme Court of Norfolk Island in the proceedings are to be transmitted to the Supreme Court of the prescribed State or Territory; and

(b) any money lodged with the Supreme Court of Norfolk Island in relation to the proceedings:

(i) is to be transferred to the Supreme Court of the prescribed State or Territory; and

(ii) is taken to be money lodged with the Supreme Court of the prescribed State or Territory in relation to the proceedings; and

(c) everything done in or in relation to the proceedings in the Supreme Court of Norfolk Island is taken to have been done in the Supreme Court of the prescribed State or Territory.

(5) If proceedings transferred to the Supreme Court of the prescribed State or Territory under paragraph (1)(b) are not completed before the transfer, the Supreme Court of the prescribed State or Territory may:

(a) hear, or further hear, the proceedings; and

(b) determine the proceedings; and

(c) have regard to any evidence or argument in the proceedings in the Supreme Court of Norfolk Island.