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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6A - JURISDICTION AND PROCEDURE OF COURTS  

Division 1 - Civil jurisdiction  

Subdivision C - Transfer of proceedings  

SECTION 1337P  CONDUCT OF PROCEEDINGS  

1337P(1)  [Rules of evidence and procedure]  


Subject to sections 1337S, 1337T and 1337U, if it appears to a court that, in determining a matter for determination in a proceeding, the court will, or will be likely to, be exercising relevant jurisdiction, the rules of evidence and procedure to be applied in dealing with that matter are to be the rules that:


(a) are applied in a superior court in Australia or in an external Territory; and


(b) the court considers appropriate to be applied in the circumstances.

1337P(2)  [Dealing with transferred proceedings]  


If a proceeding is transferred or removed to a court (the transferee court) from another court (the transferor court), the transferee court must deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.

1337P(3)  [``relevant jurisdiction'']  


In this section:

relevant jurisdiction means:


(a) jurisdiction conferred on the Federal Court of Australia or the Family Court with respect to civil matters arising under the Corporations Legislation; or


(b) jurisdiction conferred on a court of a State, the Capital Territory or the Northern Territory with respect to matters referred to in subsection 1337B(3).

 



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