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s 16

Criteria for transfer

In force
Part 3Individual transfers

16 Criteria for transfer

(1)

A proceeding may only be transferred under this Part if in the opinion of the designated judicial officers—

(a)

the transferor court does not have exclusive jurisdiction to hear and determine it; and

(b)

the transferee court has the appropriate skill, experience and authority to hear and determine it having regard to its gravity, difficulty and importance; and

(c)

it is just and convenient that it be transferred.

(2)

A proceeding must not be transferred to the Magistrates' Court if a party has elected, or the court in which it is pending has ordered, that it be heard and determined with a jury.

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