Transfer from Local Court of proceedings exceeding jurisdictional limit
6 Transfer from Local Court of proceedings exceeding jurisdictional limit
Where proceedings are instituted in the Local Court with respect to an interest in property the value or amount of which exceeds the jurisdictional limit as defined in section 3 of the Local Court
Act 2015, the Local Court must transfer the proceedings to the Supreme Court unless the parties consent in writing to their being heard and determined by the Local Court.
The Local Court may of its own motion transfer to the Supreme
Court proceedings to which subsection (1) applies, even if the parties are willing that the proceedings be heard and determined by the Local Court.
Before transferring any proceedings under this section, the
Local Court may make such orders as it considers necessary pending the disposal of the proceedings by the Supreme Court.
Where proceedings are transferred under this section, the
Supreme Court must, subject to the rules of court, proceed as if the proceedings had been originally instituted in that Court.
Without prejudice to its duty to comply with subsection (1), failure by the Local Court to do so does not invalidate any order of that Court in the proceedings.
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