Division 3 Transfer of proceedings between Supreme Court and Industrial Court

150   Definitions

(1)  In this Division:

transfer order means an order referred to in section 151 (1) or (2).

transferee court means the court to which proceedings are to be transferred pursuant to a transfer order.

transferor court means the court from which proceedings are transferred pursuant to a transfer order.

(2)  For the purposes of this Division, proceedings are related if the matters with which they deal are so closely associated as to form part of the same controversy.

151   Transfer of proceedings between Supreme Court and Industrial Court

(1)  If either the Supreme Court or the Industrial Court is satisfied, in relation to proceedings before it, that it is more appropriate for the proceedings to be heard in the other court, it may, on application by a party to the proceedings or of its own motion, order that the proceedings be transferred to the other court.

(2)  If either the Supreme Court or the Industrial Court is satisfied, in relation to proceedings before it, that:

(a)  there are related proceedings pending in the other court, and

(b)  it is more appropriate for the proceedings to be heard, together with the related proceedings, in the other court,

      it may, on application by a party to the proceedings or of its own motion, order that the proceedings be transferred to the other court and heard together with the related proceedings.

(3)  No appeal lies against a decision of the transferor court to make, or not to make, an order under this section.

152   Transfer orders

(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 transferor court (other than the transfer order) may be varied or revoked by an order of the transferee court.

153   Proceedings after transfer

(1)  Subject to the rules of court applicable in the transferee court:

(a)  any proceedings with respect to which a transfer order takes effect continue in the transferee court:

(i)  as if the proceedings had been duly commenced in the transferee court on the date on which they were commenced in the transferor court, and

(ii)  as if any cross-claim in the proceedings had been duly made in the transferee court on the date on which it was made in the transferor court, and

(b)  any proceedings with respect to which a transfer order under section 151 (2) takes effect are to be heard together with, and are taken to form part of, the related proceedings in the transferee court.

(2)  For the purposes of any proceedings continued in the transferee court:

(a)  any admission duly made in the transferor court is to be treated as if it had been made in the transferee court, and

(b)  in the case of proceedings affected by a transfer order under section 151 (2), any process or other documentation before the transferee court may be amended so as to reflect the merger of the proceedings concerned.

(3)  Subject to the rules of court applicable in the transferee court, the power of the transferee 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.

154   Jurisdiction of transferee court

The transferee court has, and may exercise, all of the jurisdiction of the transferor court in relation to any proceedings to which a transfer order relates, including jurisdiction to determine any question arising in any such proceedings.