Supreme Court Rules 2000

A party to a proceeding proposing to rely on a cross-vesting law is to identify the following in the originating process or the pleadings or by notice filed in the relevant court and served on the other parties:the provision relied on; the claim in relation to which reliance is placed on that provision; the grounds on which reliance is placed on that provision.

The first party in a proceeding to invoke a cross-vesting law is to take out an application for directions and serve the application on the other parties within 7 days after the service of the pleading invoking that law.

If a proceeding in which a cross-vesting law is invoked is transferred to the Court from another court – the party who originated the proceeding, within 14 days after the date of the order transferring the proceeding, is to file and serve an application for directions and, in default – any other party may file and serve such an application; or the Court, of its own motion, may call the parties before it; and on the hearing of the application for directions, the Court is to give any direction or make any decision as to the conduct of the proceeding that the Court thinks proper; and the Court, at the trial or hearing of the proceeding, may vary an order or a decision made on the application for directions.

If a pleading raises a question involving a special federal matter, the pleading is to identify the special federal matter and state the grounds on which it is such a matter.

If a pleading raises a special federal matter for determination, the party initiating the pleading is to apply for directions as to whether the proceeding to which it relates should be transferred to the Federal Court.

A proceeding may be served beyond the territorial limits of the State with the leave of the Court if the proceeding includes a matter for determination of which jurisdiction under a cross-vesting law may be invoked.

A proceeding may be transferred to another court under the Cross-vesting Act even though leave to serve the proceeding beyond the territorial limits of the State has been given.