Transfer of matters by the Federal Court
138C Transfer of matters by the Federal Court
Subject to subsection (2), if:
a civil proceeding instituted by a person (other than the Commonwealth Minister or the Commission) is pending in the Federal Court; and
a matter for determination in the proceeding arises under this Part or the Australian Consumer Law;
the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the matter, and any other matter for determination in the proceeding, to a court of a State or a Territory.
The Federal Court must not transfer a matter to another court under subsection (1) unless:
the other court has power to grant the remedies sought before the Federal Court in the matter; and
it appears to the Federal Court that:
the matter arises out of, or is related to, a proceeding that is pending in the other court; or
it is otherwise in the interests of justice that the matter be determined by the other court.
If the Federal Court transfers a matter to another court under subsection (1):
further proceedings in the matter must be as directed by the other court; and
the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.