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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 24 June 2017 at 00:06)
Part 74 Division 3
Division 3 Cross-vesting laws
4   Definitions
(1)  In this Division, unless the context or subject matter otherwise indicates or requires, subject Act means the Jurisdiction of Courts (Cross-vesting) Act 1987 or the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.
(2)  Expressions used in this Division shall have, unless the contrary intention appears, in relation to proceedings under a subject Act, the same meaning as in that subject Act.
(3)  In this Division a reference to an application to the Court under a subject Act includes a reference to a request under section 6 (6) of that subject Act.
5   Mode of application
Any application for an order under any provision (except section 8) of a subject Act shall be made by motion in the proceedings pending in the Court.
6   Addition above title
Where a party to any proceeding in the Court intends to contend that:
(a)  the Court should exercise jurisdiction pursuant to any provision of a subject Act or any law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or
(b)  that the Court should transfer the proceeding to another Court pursuant to any such provision or law,
the party shall add “Jurisdiction of Courts (Cross-vesting) Acts 1987” to the first document filed by that party.
7   Attorney-General
If an application for the transfer of proceedings pending in the Court is made by the Attorney-General of the Commonwealth or a State or Territory under a subject Act, the Attorney-General shall not, by reason of the application, become a party to those proceedings.
8   Application relating to transfer
Where a party to any proceeding in the Court intends to contend that:
(a)  the Court should exercise jurisdiction pursuant to any provision of a subject Act or any law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or
(b)  that the Court should transfer the proceeding to another Court pursuant to any such provision or law,
the party shall, on or as soon as practicable after commencement of the proceedings, apply to the Court for a determination of the question whether or not the proceeding should be transferred to another Court.
9   Application of other laws or rules
(1)  Where a party wishes to contend that the Court should, under section 11 (1) (b) or (c) of a subject Act, apply the written law of another State or Territory or the rules of evidence or procedure other than those applied in the State, the party shall, as soon as practicable:
(a)  file notice of the contention, specifying the law or rules and stating the grounds relied upon in support of the contention,
(b)  forthwith after filing the notice, serve it on each other party.
(2)  The Court may, on the application of a party to a proceeding or of its own motion, give directions in relation to the application of a law or rule under section 11 (1) (b) or (c) of a subject Act.