Division 1Division 1 Transfer of proceedings from lower to higher court
In this Division:higher court means the court to which proceedings are transferred, or are proposed to be transferred, by a transfer order.
lower court means the court from which proceedings are transferred, or are proposed to be transferred, by a transfer order.
transfer order means an order referred to in section 140.
140 Transfer of proceedings to higher court
(cf Act No 9 1973, section 145; Act No 11 1970, section 21B)
(1) The Supreme Court may, of its own motion or on application by a party to proceedings before the District Court or the Local Court, order that the proceedings, including any cross-claim in the proceedings, be transferred to the Supreme Court.(2) The District Court may, of its own motion or on application by a party to proceedings before the Local Court, order that the proceedings, including any cross-claim in the proceedings, be transferred to the District Court.(3) Proceedings in the District Court on a claim for damages arising from personal injury or death are not to be transferred to the Supreme Court under this section unless the Supreme Court is satisfied:(a) in the case of a motor accident claim or a workplace injury damages claim:(i) that the amount to be awarded to the plaintiff, if successful, is likely to be more than $1,000,000, and(ii) that the case involves complex legal issues or issues of general public importance, or(b) in any other case:(i) that the amount to be awarded to the plaintiff, if successful, is likely to exceed the jurisdictional limit of the District Court, or(ii) that there is other sufficient reason for hearing the proceedings in the Supreme Court.(4) Proceedings in the Local Court are not to be transferred to a higher court under this section unless the higher court is satisfied that there is sufficient reason for hearing the proceedings in the higher court.(5) This section extends to proceedings that have been transferred to the District Court or the Local Court pursuant to a previous transfer order under this Division or under Division 2 or 3.
(cf Act No 9 1973, section 145; Act No 11 1970, section 21B)
(1) A transfer order takes effect when it is made.(2) A transfer order does not invalidate any order made or other thing done in the proceedings before the order was made.(3) Any order made by the lower court may be varied or revoked by an order of the higher court.
142 Stay of proceedings in lower court
(cf Act No 9 1973, section 146; Act No 11 1970, section 21C)
(1) The higher court may make an order for a stay of proceedings in respect of which an application for a transfer order has been made.(2) Subsection (1) does not limit the power of the lower court to adjourn or stay the proceedings.
143 Proceedings after transfer
(cf Act No 11 1970, section 21E; DCR Part 5, rule 12)
(1) Subject to the rules of court applicable in the higher court, any proceedings with respect to which a transfer order takes effect are to be continued in the higher court:(a) as if the proceedings had been duly commenced in the higher court on the date on which they were commenced in the lower court, and(b) as if any cross-claim in the proceedings had been duly made in the higher court on the date on which it was made in the lower court.(2) For the purposes of any proceedings continued in the higher court:(a) any abandonment of an amount under section 23 ceases to have effect except to the extent to which the amount originally claimed in the proceedings, or in any cross-claim in the proceedings, exceeded the jurisdictional limit of the higher court, and(b) any admission duly made in the lower court is to be treated as if it had been duly made in the higher court.(3) Subject to the rules of court applicable in the higher court, the power of the higher court to make orders as to costs includes a power to make orders with respect to the costs of:(a) the application for, and the making of, the transfer order, and(b) any step taken in the proceedings before the transfer order was made.
144 Transfer of certain proceedings from District Court to Supreme Court
(cf Act No 9 1973, section 147)
(1) This section applies to proceedings under Subdivision 2 of Division 8 of Part 3 of the District Court Act 1973.(2) If, during proceedings to which this section applies, the District Court decides that it lacks, or may lack, jurisdiction to hear and dispose of the proceedings, the District Court must order that the proceedings be transferred to the Supreme Court.(3) Proceedings that are transferred to the Supreme Court under subsection (2):(a) are to be continued in the Supreme Court:(i) as if the proceedings had been duly commenced in the Supreme Court on the date on which they were commenced in the District Court, and(ii) as if any cross-claim in the proceedings had been duly made in the Supreme Court on the date on which it was made in the District Court, or(b) if the Supreme Court so orders, are to be remitted to the District Court and continued in the District Court as if they had not been transferred.(4) The District Court has, and may exercise, jurisdiction to hear and dispose of proceedings the subject of an order by the Supreme Court under subsection (3) (b), including such jurisdiction as is necessary to determine any question arising in any such proceedings.(5) If, during proceedings to which this section applies, the District Court decides that it is appropriate to do so for any reason other than the reason referred to in subsection (2), the District Court may order that the proceedings be transferred to the Supreme Court.(6) Proceedings that are transferred to the Supreme Court under subsection (5), are to be continued in the Supreme Court:(a) as if the proceedings had been duly commenced in the Supreme Court on the date on which they were commenced in the District Court, and(b) as if any cross-claim in the proceedings had been duly made in the Supreme Court on the date on which it was made in the District Court.(7) Subject to the rules of court applicable in the Supreme Court, the power of the Supreme Court to make orders as to costs includes a power to make orders with respect to the costs of:(a) the application for, and the making of, an order under subsection (2) or (5), and(b) any step taken in the proceedings before an order under subsection (2) or (5) was made.(8) The making of an order under subsection (2) or (5) does not invalidate any order previously made by the District Court in the proceedings.