Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A court exercising jurisdiction under the Family Law Act ( the transferring court ) may transfer a proceeding to another such court (the receiving court ) under section 45 of the Family Law Act.
(2) A transfer under this rule may occur on the application of a party or, to the extent permitted by section 45 of the Family Law Act , on the transferring court's own initiative.
(3) Unless the transferring court otherwise orders, an application for transfer must be made on or before the first court date for the proceeding.
(4) Unless the transferring court otherwise orders, the application for transfer must be made by application supported by an affidavit or included in a response supported by an affidavit.
(5) In deciding whether to transfer a proceeding under subrule (1), the transferring court may consider the following:
(a) the public interest;
(b) the financial value of the claim;
(c) the complexity of the facts, legal issues, remedies and procedures involved;
(d) whether the proceeding, if transferred, is likely to be dealt with:
(i) at less cost to the parties; or
(ii) at more convenience to the parties; or
(iii) earlier;
(e) the availability of a judicial officer specialising in the type of proceeding to which the application relates;
(f) the availability of particular procedures appropriate for the class of proceeding;
(g) the adequacy of the available facilities, having regard to any disability of a party or witness, and any safety concerns;
(h) the wishes of the parties.
(6) Subrule (5) does not apply to:
(a) a proceeding raising, or relying on, a cross-vesting law in which a party objecting to the proceeding being heard in the transferring court applies to have the proceeding transferred to another court; or
(b) the transfer of a proceeding under the Corporations Act 2001 ; or
(c) a proceeding that must be transferred in accordance with a legislative provision.