The Supreme Court of the Northern Territory (and by analogy other State and Territory Supreme Courts) can exercise the common law exhumation jurisdiction of another State's Supreme Court via the cross-vesting legislation, without the need for proceedings to be first transferred from that other State's court. The common law jurisdiction to order exhumation for forensic purposes is not confined to criminal proceedings and extends to civil cases. However, the exercise of the jurisdiction is subject to the substantive requirements of the law of the State where the body is interred, including medical practitioner registration requirements.
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