Section 144(2) of the Civil Procedure Act 2005 (NSW) imposes a mandatory obligation on the District Court to transfer proceedings to the Supreme Court whenever it decides it lacks, or may lack, jurisdiction to hear and dispose of equitable proceedings under s 134 of the District Court Act 1973 (NSW). This obligation arises regardless of whether any party has applied for such a transfer. The District Court cannot simply dismiss proceedings for want of jurisdiction where s 144(2) applies. The scope of the District Court's equitable jurisdiction under s 134 remains an open question pending the appeal in Huang v Drumm.
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