Christmas Island Act 1958

On and after the transfer day, the parties to proceedings in a matter pending in the Supreme Court of the Territory (Territory Court) may apply to that Court to transfer the proceedings to:

if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or

if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or

in any other case—the Supreme Court of Western Australia.

If the Territory Court decides that it is not contrary to the interests of justice to grant the application, the Court is to transfer the proceedings to the relevant Court (State Court) and:

the State Court may hear and determine the proceedings; and

all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and

any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and

everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.