Reference of proceedings between courts
6 Reference of proceedings between courts
The
Supreme Court may, and other courts of the State must, refer proceedings involving a native title question to the ERD Court for hearing and determination.
If proceedings are referred under this section to the ERD Court for hearing and determination, the ERD Court has jurisdiction to hear and determine the native title question and the other questions involved in the proceedings that might, if it were not for the reference, have been determined by the court from which the proceedings were referred.
The
ERD Court may, on application by a party or on its own initiative, refer proceedings involving a native title question to the Supreme
Court for hearing and determination.
The
Supreme Court may, on the application by a party or on its own initiative, remove proceedings involving a native title question from the ERD Court into the Supreme Court for hearing and determination.
In deciding whether proceedings involving a native title question should be heard by the Supreme Court or the ERD Court, the following matters must be taken into consideration:
the importance of the questions involved in the proceedings; and
the complexity of the legal and factual questions involved in the proceedings.
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