Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This rule applies to the following courts when exercising jurisdiction under the Family Law Act:
(a) the Federal Circuit and Family Court (Division 2);
(b) a Family Court of a State;
(c) the Supreme Court of a State or Territory.
(2) The court may, on the application of a party or on its own initiative, order that a proceeding pending in a court of summary jurisdiction be removed to the court under subsection 46(3A) of the Family Law Act.
(3) Unless the court otherwise orders, the application must be made by application supported by an affidavit or included in a response supported by an affidavit.
(4) In deciding whether to remove a proceeding from a court under subsection 46(3A) of the Family Law Act, the 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 removed, 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 to the 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.