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JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1987 No. 23 of 1987 - SCHEDULE
SCHEDULE Section
3
AMENDMENTS OF ACTS
Advance Australia Logo Protection Act 1984 Sub-section 11 (2)-
Insert "Federal Court of Australia or the" before "Supreme Court". After
sub-section 13 (1)-
Insert the following sub-section:
"(1A) The Federal Court of Australia has jurisdiction with respect to all
matters arising under section 11 or 16.".
Bank Account Debits Tax Administration Act 1982 Section 20-
Before the definition of "objector", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Section 20
(definition of "Supreme Court")-
Omit the definition. Paragraph 23 (b)-
Omit "a specified Supreme Court", substitute "the Federal Court". Paragraph
25A (1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) if the application relates to a request to refer a decision to the
Federal Court-send the application to that Court.". Sub-section 25A (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "Commissioner". Sub-section 25A (4)-
Omit "Supreme Court", substitute "Federal Court". Sub-section 25B (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "the decision". Sub-section 26 (1)-
Omit "A Supreme Court hearing an appeal under this Part", substitute "Where
the Federal Court hears an appeal under this Part, the Court". Sub-sections 26
(3), (4) and (5)-
Omit the sub-sections. Sections 28 and 29-
Repeal the sections. Sub-section 29A (2)-
Omit the sub-section, substitute the following sub-section:
"(2) For the purposes of determining when a decision of the Tribunal or of the
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal
Court constituted by a single Judge, and no appeal is lodged within
the period for lodging an appeal-that decision becomes final at the
end of that period; or
(b) if that decision is a decision of the Full Court of the Federal Court
and an application is not made for special leave to appeal to the High
Court within the period of 30 days after the making of the
decision-that decision becomes final at the end of that period.".
Section 62-
Omit the word and paragraphs after "may make" (second occurring), substitute
the following: "regulations prescribing penalties not exceeding a fine of $500
for offences against the regulations.".
Copyright Act 1968 Heading to Division 4A of Part V-
Omit the heading, substitute the following heading:
"Division 4A-Jurisdiction and Appeals". Sub-sections 131B (1) and (2)-
Insert "of a State or Territory" after "a court". After section 131B-
Insert the following section: Jurisdiction of Federal Court of Australia
"131C. Jurisdiction is conferred on the Federal Court of Australia with
respect to actions under this Part.".
Designs Act 1906 Sub-section 4 (1)-
After the definition of "design", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Sub-section 4 (1)
(definition of "prescribed court")-
Insert "the Federal Court," after "means". Sub-section 22B (2)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 24 (3)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 27A
(11)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 40G
(1)-
Omit the sub-section, substitute the following sub-sections:
"(1) The Federal Court has jurisdiction with respect to matters arising under
this Act.
"(1A) The jurisdiction of the Federal Court to hear and determine appeals from
decisions of the Registrar is exclusive of the jurisdiction of any other
court, other than the jurisdiction of the High Court under section 75 of the
Constitution.
"(1B) Subject to sub-section (2), each prescribed court (other than the
Federal Court) has jurisdiction with respect to matters arising under this Act
in respect of which actions or proceedings may, under a provision of this Act,
be instituted in a prescribed court.
"(1C) A prosecution for an offence against this Act shall not be instituted in
the Federal Court.". Sub-section 40G (2)-
Omit "sub-section (1)", substitute "sub-section (1B)". Sub-sections 40I (1)
and (2)-
Omit the sub-sections, substitute the following sub-sections:
"(1) An appeal lies to the Federal Court from a judgment or order of:
(a) another prescribed court exercising jurisdiction under this Act; or
(b) any other court in an action or proceeding referred to in section 31.
"(2) Except with the leave of the Federal Court, an appeal does not lie to the
Full Court of the Federal Court from a judgment or order of a single judge of
the Federal Court in the exercise of its jurisdiction to hear and determine
appeals from decisions of the Registrar.". Section 40J-
Omit "prescribed court", substitute "Federal Court". Sub-section 46B (1)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 46B
(2)-
Omit "prescribed court", substitute "Federal Court".
Estate Duty Assessment Act 1914 Sub-section 3 (1)-
After the definition of "estate", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Paragraph 25 (1)
(b)-
Omit "a specified Supreme Court", substitute "the Federal Court". Paragraph
27A (1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) if the application relates to a request to refer a decision to the
Federal Court-send the application to that Court.". Sub-section 27A (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "Commissioner". Sub-section 27A (4)-
Omit "Supreme Court", substitute "Federal Court". Sub-section 27B (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "the decision". Section 27E-
Repeal the section, substitute the following section: Powers of Federal Court
on appeal
"27E. Where the Federal Court hears an appeal under this Part, the Court may
make such order in relation to the decision to which the appeal relates as it
thinks fit, including an order confirming or varying the decision.". Sections
28, 28A, 28AA and 28AB-
Repeal the sections. Sub-section 28AC (2)-
Omit the sub-section, substitute the following sub-section:
"(2) For the purposes of determining when a decision of the Tribunal or of the
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal
Court constituted by a single Judge, and no appeal is lodged within
the period for lodging an appeal-that decision becomes final at the
end of that period; or
(b) if that decision is a decision of the Full Court of the Federal Court
and an application is not made for special leave to appeal to the High
Court within the period of 30 days after the making of the
decision-that decision becomes final at the end of that period.".
Section 28D-
Repeal the section. Section 50-
Omit the word and paragraphs after "may make" (second occurring), substitute
the following: "regulations prescribing penalties not exceeding a fine of $500
for offences against the regulations.".
Fringe Benefits Tax Assessment Act 1986 Sections 79 and 79A-
Repeal the sections, substitute the following section: Interpretation
"79. In this Part, 'Federal Court' means the Federal Court of Australia.".
Paragraph 81 (b)-
Omit "a specified Supreme Court", substitute "the Federal Court". Paragraph 84
(1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) if the application relates to a request to refer a decision to the
Federal Court-send the application to that Court.". Sub-section 84 (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "Commissioner". Sub-section 84 (4)-
Omit "Supreme Court", substitute "Federal Court". Sub-section 85 (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "the decision". Section 86B-
Repeal the section. Sub-section 86C (1)-
Omit "A Supreme Court hearing an appeal under this Part", substitute "Where
the Federal Court hears an appeal under this Part, the Court". Sub-section 86C
(2)-
Omit the sub-section. Section 86D-
Repeal the section. Sub-section 86E (2)-
Omit the sub-section, substitute the following sub-section:
"(2) For the purposes of determining when a decision of the Tribunal or of the
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal
Court constituted by a single Judge, and no appeal is lodged within
the period for lodging an appeal-that decision becomes final at the
end of that period; or
(b) if that decision is a decision of the Full Court of the Federal Court
and an application is not made for special leave to appeal to the High
Court within the period of 30 days after the making of the
decision-that decision becomes final at the end of that period.".
Section 87-
Repeal the section.
Gift Duty Assessment Act 1941 Sub-section 4 (1)-
After the definition of "donor", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Sub-section 4 (1)
(definition of "Supreme Court")-
Omit the definition. Paragraph 32 (b)-
Omit "a specified Supreme Court", substitute "the Federal Court". Paragraph
34A (1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) if the application relates to a request to refer a decision to the
Federal Court-send the application to that Court.". Sub-section 34A (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "Commissioner". Sub-section 34A (4)-
Omit "Supreme Court", substitute "Federal Court". Sub-section 34B (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "the decision". Sub-section 34E (1)-
Omit "A Supreme Court hearing an appeal under this Part", substitute "Where
the Federal Court hears an appeal under this Part, the Court". Sub-section 34E
(2)-
Omit the sub-section. Sections 35, 36, 36A and 36B-
Repeal the sections. Sub-section 36C (2)-
Omit the sub-section, substitute the following sub-section:
"(2) For the purposes of determining when a decision of the Tribunal or of the
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal
Court constituted by a single Judge, and no appeal is lodged within
the period for lodging an appeal-that decision becomes final at the
end of that period; or
(b) if that decision is a decision of the Full Court of the Federal Court
and an application is not made for special leave to appeal to the High
Court within the period of 30 days after the making of the
decision-that decision becomes final at the end of that period.".
Section 38A-
Repeal the section. Section 47-
Omit all the words and paragraphs after "Act" (last occurring), substitute the
following: ", and, in particular, for prescribing penalties not exceeding a
fine of $500 for offences against the regulations.".
Income Tax Assessment Act 1936 Sub-section 177 (1)-
Omit "(except in proceedings on appeal against the assessment)", substitute ",
except in proceedings under Part V on a review or appeal relating to the
assessment,". Sections 184A and 184C-
Repeal the sections, substitute the following section: Interpretation
"184. In this Division, 'Federal Court' means the Federal Court of
Australia.". Paragraph 187 (b)-
Omit "a specified Supreme Court", substitute "the Federal Court". Paragraph
188B (1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) if the application relates to a request to refer a decision to the
Federal Court-send the application to that Court.". Sub-section 188B (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "Commissioner". Sub-section 188B (4)-
Omit "Supreme Court", substitute "Federal Court". Sub-section 189 (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "the decision". Sections 196A and 198-
Repeal the sections. Sub-section 199 (1)-
Omit "A Supreme Court hearing an appeal under this Part", substitute "Where
the Federal Court hears an appeal under this Part, the Court". Sub-section 199
(2)-
Omit the sub-section. Sections 200 and 200A-
Repeal the sections. Sub-section 200B (2)-
Omit the sub-section, substitute the following sub-section:
"(2) For the purposes of determining when a decision of the Tribunal or of the
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal
Court constituted by a single Judge, and no appeal is lodged within
the period for lodging an appeal-that decision becomes final at the
end of that period; or
(b) if that decision is a decision of the Full Court of the Federal Court
and an application is not made for special leave to appeal to the High
Court within the period of 30 days after the making of the
decision-that decision becomes final at the end of that period.".
Sub-section 266 (2)-
Omit the sub-section.
Patents Act 1952 Section 6-
After the definition of "exclusive licensee", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Section 6
(definition of "prescribed court")-
Insert "the Federal Court," after "means". Sub-section 49 (8)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 49A
(10)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 50 (6)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 52 (8)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 52D
(9)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 60 (5)-
(a) Omit "the prescribed court", substitute "the Federal Court".
(b) Omit "a prescribed court", substitute "the Federal Court". Sub-section
63 (4)-
Omit "a prescribed court", substitute "the Federal Court". Paragraph 66 (3)
(c)-
Omit the paragraph, substitute the following paragraph:
"(c) proceedings in a court; or". Paragraph 66 (3) (f)-
Omit the paragraph, substitute the following paragraph:
"(f) in a case to which paragraph (c) applies-the court or, if the proceedings
are discontinued, the Commissioner directs; or". Sub-sections 68B (11) and
(12)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 73 (4)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 81 (2)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 81 (3)-
Omit "prescribed court", substitute "Federal Court". Section 84-
(a) Omit "prescribed court" (first occurring), substitute "Federal Court".
(b) Omit "a prescribed court", substitute "the Federal Court". Sub-section
146 (1)-
Omit the sub-section, substitute the following sub-sections:
"(1) The Federal Court has jurisdiction with respect to matters arising under
this Act.
"(1A) The jurisdiction of the Federal Court to hear and determine appeals from
decisions or directions of the Comissioner is exclusive of the jurisdiction of
any other court, other than the jurisdiction of the High Court under section
75 of the Constitution.
"(1B) Subject to sub-section (2), each prescribed court (other than the
Federal Court) has jurisdiction with respect to matters arising under this Act
in respect of which actions or proceedings may, under a provision of this Act,
be instituted in a prescribed court.
"(1C) A prosecution for an offence against this Act shall not be instituted in
the Federal Court.". Sub-section 146 (2)-
Omit "sub-section (1)", substitute "sub-section (1B)". Sub-sections 148 (1)
and (2)-
Omit the sub-sections, substitute the following sub-sections:
"(1) An appeal lies to the Federal Court from a judgment or order of:
(a) another prescribed court exercising jurisdiction under this Act; or
(b) any other court in an action or proceeding referred to in section 113
or 121.
"(2) Except with the leave of the Federal Court, an appeal does not lie to the
Full Court of the Federal Court from a judgment or order of a single judge of
the Federal Court in the exercise of its jurisdiction to hear and determine
appeals from decisions or directions of the Commissioner.". Section 149-
(a) Omit "A prescribed court", substitute "The Federal Court".
(b) Insert "from a decision or direction of the Commissioner" after
"court" (second occurring). Section 150-
Omit "prescribed court", substitute "Federal Court". Sub-section 154A (6)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 155
(2)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 163
(2)-
Omit "a prescribed court", substitute "the Federal Court". Section 170-
(a) Omit "a prescribed court", substitute "the Federal Court".
(b) Omit "the prescribed court" (wherever occurring), substitute "the
Federal Court".
Sales Tax Assessment Act (No. 1) 1930 Section 39A-
Before the definition of "objector", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Section 39A
(definition of "Supreme Court")-
Omit the definition. Section 39C-
Repeal the section. Paragraph 41 (b)-
Omit "a specified Supreme Court", substitute "the Federal Court". Paragraph
42B (1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) if the application relates to a request to refer a decision to the
Federal Court-send the application to that Court.". Sub-section 42B (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "Commissioner". Sub-section 42B (4)-
Omit "Supreme Court", substitute "Federal Court". Sub-section 42C (3)-
(a) Omit "a Supreme Court", substitute "the Federal Court".
(b) Omit all the words after "the decision". Sub-sections 42G (1), (2),
(4) and (5)-
Omit the sub-sections. Sub-section 42G (3)-
Omit "A Supreme Court hearing an appeal under this Part", substitute 'Where
the Federal Court hears an appeal under this Part, the Court". Sub-section 42H
(2)-
Omit the sub-section, substitute the following sub-section:
"(2) For the purposes of determining when a decision of the Tribunal or of the
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal
Court constituted by a single Judge, and no appeal is lodged within
the period for lodging an appeal-that decision becomes final at the
end of that period; or
(b) if that decision is a decision of a Full Court of the Federal Court
and an application is not made for special leave to appeal to the High
Court within the period of 30 days after the making of the
decision-that decision becomes final at the end of that period.".
Paragraph 73 (aa)-
Add at the end "and". Paragraph 73 (ab)-
Omit the paragraph.
Taxation (Unpaid Company Tax) Assessment Act 1982 Sub-section 4 (7)-
Omit the sub-section.
Trade Marks Act 1955 Sub-section 6 (1)-
After the definition of "Convention country", insert the following definition:
" 'Federal Court' means the Federal Court of Australia;". Sub-section 6 (1)
(definition of "prescribed court")-
Insert "the Federal Court," after "means". Sub-section 19 (3)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 20 (2)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 21 (5)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 23 (7)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 26 (4)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 30 (3)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 36 (3)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 42 (4)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 43 (4)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 46 (1)- Omit "a
prescribed court", substitute "the Federal Court". Sub-section 46 (2)- Omit
"prescribed court", substitute "Federal Court". Section 51- Omit "a prescribed
court", substitute "the Federal Court". Paragraph 54 (3) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) proceedings in a court; or". Paragraph 54 (3) (e)-
Omit the paragraph, substitute the following paragraph:
"(e) in a case to which paragraph (b) applies-the court or, if the proceedings
are discontinued, the Registrar directs; or". Section 81-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 86 (3)-
Omit "a prescribed court", substitute "the Federal Court". Sub-section 112
(1)-
Omit the sub-section, substitute the following sub-sections:
"(1) The Federal Court has jurisdiction with respect to matters arising under
this Act.
"(1A) The jurisdiction of the Federal Court to hear and determine appeals from
decisions, directions or orders of the Registrar is exclusive of the
jurisdiction of any other court, other than the jurisdiction of the High Court
under section 75 of the Constitution.
"(1B) Subject to sub-section (2), each prescribed court (other than the
Federal Court) has jurisdiction with respect to matters arising under this Act
in respect of which actions or proceedings may, under a provision of this Act,
be instituted in a prescribed court.
"(1C) A prosecution for an offence against this Act shall not be instituted in
the Federal Court.". Sub-section 112 (2)-
Omit "sub-section (1)", substitute "sub-section (1B)". Sub-sections 114 (1)
and (2)-
Omit the sub-sections, substitute the following sub-sections:
"(1) An appeal lies to the Federal Court from a judgment or order of:
(a) another prescribed court exercising jurisdiction under this Act; or
(b) any other court in an action or proceeding referred to in section 67
or 124.
"(2) Except with the leave of the Federal Court, an appeal does not lie to the
Full Court of the Federal Court from a judgment or order of a single judge of
the Federal Court in the exercise of its jurisdiction to hear and determine
appeals from decisions, directions or orders of the Registrar.". Section 115-
(a) Omit "A prescribed court", substitute "The Federal Court".
(b) Insert "from a decision, direction or order of the Registrar" after
"court" (second occurring). Section 115A-
Omit "prescribed court", substitute "Federal Court". Sub-section 139 (5)-
Omit "a prescribed court", substitute "the Federal Court". Section 142-
(a) Omit "a prescribed court", substitute "the Federal Court".
(b) Omit "the prescribed court" (wherever occurring), substitute "the
Federal Court".
Trade Practices Act 1974 Section 75B-
Add at the end the following sub-section:
"(2) In this Part, unless the contrary intention appears-
(a) a reference to the Court in relation to a matter is a reference to any
court having jurisdiction in the matter;
(b) a reference to the Federal Court is a reference to the Federal Court
of Australia; and
(c) a reference to a judgment is a reference to a judgment, decree or
order, whether final or interlocutory.". Section 86-
Repeal the section, substitute the following sections: Jurisdiction of courts
"86. (1) Jurisdiction is conferred on the Federal Court in any matter arising
under this Act in respect of which a civil proceeding has, whether before or
after the commencement of this section, been instituted under this Part.
"(2) The several courts of the States are invested with federal jurisdiction
within the limits of their several jurisdictions, whether those limits are as
to locality, subject-matter or otherwise, and, subject to the Constitution,
jurisdiction is conferred on the several courts of the Territories, with
respect to any matter arising under Division 1 or 1A of Part V in respect of
which a civil proceeding is instituted by a person other than the Minister or
the Commission.
"(3) Nothing in sub-section (2) shall be taken to enable an inferior court of
a State or Territory to grant a remedy other than a remedy of a kind that the
court is able to grant under the law of that State or Territory.
"(4) The jurisdiction conferred by sub-section (1) on the Federal Court is
exclusive of the jurisdiction of any other court other than the jurisdiction
of the several courts of the States and Territories under sub-section (2) and
the jurisdiction of the High Court under section 75 of the Constitution.
Transfer of matters
"86A. (1) Where-
(a) a civil proceeding instituted (whether before or after the
commencement of this section) by a person other than the Minister or
the Commission is pending in the Federal Court; and
(b) a matter for determination in the proceeding arose under Division 1 or
1A of Part V, the Federal Court may, subject to sub-section (2), upon
the application of a party or of the Federal Court's own motion,
transfer to a court of a State or Territory the matter referred to in
paragraph (b) and may also transfer to that court any other matter for
determination in the proceeding.
"(2) The Federal Court shall not transfer a matter to another court under
sub-section (1) unless the other court has power to grant the remedies sought
before the Federal Court in the matter and it appears to the Federal Court
that-
(a) the matter arises out of or is related to a proceeding that is pending
in the other court; or
(b) it is otherwise in the interests of justice that the matter be
determined by the other court.
"(3) Where the Federal Court transfers a matter to another court under
sub-section (1)-
(a) further proceedings in the matter shall be as directed by the other
court; and
(b) the judgment of the other court in the matter is enforceable
throughout Australia and the external Territories as if it were a
judgment of the Federal Court.
"(4) Where-
(a) a proceeding is pending in a court (other than the Supreme Court) of a
State or Territory; and
(b) a matter for determination in the proceeding arose under Division 1 or
1A of Part V, the court shall, if directed to do so by the Federal
Court, transfer to the Federal Court the matter referred to in
paragraph (b) and such other matters for determination in the
proceeding the determination of which would, apart from any law of a
State or of the Northern Territory relating to cross-vesting of
jurisdiction, be within the jurisdiction of the Federal Court as the
Federal Court determines.
"(5) Where-
(a) a proceeding is pending in a court (other than the Supreme Court) of a
State or Territory; and
(b) a matter for determination in the proceeding arose under Division 1 or
1A of Part V, the court may, subject to sub-section (6), upon the
application of a party or of the court's own motion, transfer to a
court (other than the Supreme Court) of a State or Territory other
than the State or Territory referred to in paragraph (a) the matter
referred to in paragraph (b).
"(6) A court shall not transfer a matter to another court under sub-section
(5) unless the other court has power to grant the remedies sought before the
first-mentioned court in the matter and it appears to the first-mentioned
court that-
(a) the matter arises out of or is related to a proceeding that is pending
in the other court; or
(b) it is otherwise in the interests of justice that the matter be
determined by the other court.
"(7) Where a court transfers a matter to another court under sub-section (5),
further proceedings in the matter shall be as directed by the other court.".
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