Transfer from Supreme Court
5.04 Transfer from Supreme Court
(1) Where the Supreme Court orders that proceedings be transferred from the Supreme Court to the Local Court, the court file relating to the proceedings is to be transferred.
(2) The Local Court must give all parties a notice of transfer in accordance with Form 5A specifying:
(a) the date on which the Supreme Court made the order for transfer of the proceedings; and
that it has received the file.
(3) If the plaintiff has not filed a statement of claim or particulars of a claim in the Supreme Court, the plaintiff must:
(a) file in the Local Court a concise statement of the particulars of the plaintiff's claim not later than 14 days after the date of the notice of transfer; and
(b) serve a copy of the statement of particulars on each other party not later than 7 days after it is filed.
(4) If a registrar considers it is appropriate, the registrar must fix a date, time and place for a conciliation conference and notify the parties in the notice of transfer.
(5) Where these Rules prescribe a time for doing an act by reference to the date of filing a notice of defence, the time for doing the act in proceedings transferred under this rule is to be determined by reference to the date on which the order for transfer was made.
Division 2 Commencement of proceedings and making application
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