Transfer to the Federal Circuit and Family Court of Australia
27.01 Transfer to the Federal Circuit and Family Court of Australia
The Court must not make an order under subsection 32AB(1) of the Act on its own initiative transferring a proceeding from the Court to the Federal Circuit and Family Court of Australia unless the parties to the proceeding have been notified of the proposed transfer and have been given an opportunity to be heard in relation to the proposed transfer.
Subsection 32AB(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Court to the Federal Circuit and Family Court of Australia. Subsection 32AB(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.
Before the Court makes an order under subsection 32AB(1) of the Act transferring a proceeding from the Court to the Federal Circuit and Family Court of Australia (Division 1):
the Court must consult the Chief Justice of the Court in relation to the proposed transfer; and
the Chief Justice of the Court must consult the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) in relation to the proposed transfer.
Before the Court makes an order under subsection 32AB(1) of the Act transferring a proceeding from the Court to the Federal Circuit and Family Court of Australia (Division 2):
the Court must consult the Chief Justice of the Court in relation to the proposed transfer; and
the Chief Justice of the Court must consult the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to the proposed transfer.
A failure to comply with this rule in relation to a proposed transfer of a proceeding under subsection 32AB(1) of the Act does not affect the validity of an order made under that subsection transferring the proceeding.
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