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Jurisdiction of Courts (Cross-vesting) Act 1987

  • - C2011C00042
  • In force - Superseded Version
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Act No. 24 of 1987 as amended, taking into account amendments up to Act No. 103 of 2010
An Act relating to the cross-vesting of certain jurisdiction
Administered by: Attorney-General's
Registered 10 Jan 2011
Start Date 01 Jan 2011
End Date 31 May 2012

Jurisdiction of Courts (Cross‑vesting) Act 1987

Act No. 24 of 1987 as amended

This compilation was prepared on 1 January 2011
taking into account amendments up to Act No. 103 of 2010

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department,
Canberra

  

  

  


Contents

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation and application............................................................ 2

4............ Additional jurisdiction of certain courts............................................. 3

5............ Transfer of proceedings...................................................................... 5

6............ Special federal matters: general rules................................................ 10

6A......... Special federal matters: Commonwealth authorities or officers acting under the laws of States             12

7............ Institution and hearing of appeals.................................................... 13

8............ Orders by Supreme Court of a Territory......................................... 15

9............ Exercise of jurisdiction pursuant to cross‑vesting laws.................... 16

10.......... Transfer of matters arising under the Australian Consumer Law..... 16

11.......... Conduct of proceedings.................................................................... 17

12.......... Orders as to costs............................................................................. 18

13.......... Limitation on appeals....................................................................... 18

14.......... Enforcement and effect of judgments............................................... 18

15.......... Construction of Act to be subject to Constitution........................... 19

16.......... Suspension or cessation of operation of Act.................................... 19

Schedule                                                                                                                                      21

Notes                                                                                                                                            23


An Act relating to the cross‑vesting of certain jurisdiction

 

 

WHEREAS inconvenience and expense have occasionally been caused to litigants by jurisdictional limitations in federal, State and Territory courts, and whereas it is desirable, so far as is constitutionally possible:

                     (a)  to establish a system of cross‑vesting of jurisdiction between those courts, without detracting from the existing jurisdiction of any court;

                     (b)  to structure the system in such a way as to ensure as far as practicable that proceedings concerning matters which, apart from this Act and any law of a State relating to cross‑vesting of jurisdiction, would be entirely or substantially within the jurisdiction (other than any accrued jurisdiction) of the Federal Court or the Family Court or the jurisdiction of a Supreme Court of a State or Territory are instituted and determined in that court, whilst providing for the determination by one court of federal and State matters in appropriate cases; and

                     (c)  if a proceeding is instituted in a court that is not the appropriate court, to provide a system under which the proceeding will be transferred to the appropriate court.

BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

1  Short title [see Note 1]

                   This Act may be cited as the Jurisdiction of Courts (Cross‑vesting) Act 1987.

2  Commencement [see Note 1]

                   This Act shall come into operation on a day to be fixed by Proclamation.

3  Interpretation and application

             (1)  In this Act, unless the contrary intention appears:

Family Court means the Family Court of Australia.

Federal Court means the Federal Court of Australia.

Full Court, in relation to a Supreme Court of a State, includes any court of the State to which appeals lie from a single judge of that Supreme Court.

judgment means a judgment, decree or order, whether final or interlocutory.

party, in relation to a proceeding, includes a person who intervenes in the proceeding.

proceeding does not include a criminal proceeding.

special federal matter means:

                     (a)  a matter arising under Part IV of the Competition and Consumer Act 2010 (other than under section 45D, 45DA, 45DB, 45E or 45EA); or

                    (aa)  a matter arising under the Competition Code (as defined in section 150A of the Competition and Consumer Act 2010) of the Australian Capital Territory or the Northern Territory; or

                    (ab)  a matter arising under section 60G of the Family Law Act 1975 in a court other than the Family Court of Western Australia or the Supreme Court of the Northern Territory; or

                     (b)  a matter involving the determination of questions of law on appeal from a decision of, or of questions of law referred or stated by, a tribunal or other body established by an Act or a person holding office under an Act, not being a matter for determination in an appeal or a reference or case stated to the Supreme Court of a State or Territory under a law of the Commonwealth that specifically provides for such an appeal, reference or case stated to such a court; or

                     (c)  a matter arising under the Administrative Decisions (Judicial Review) Act 1977; or

                     (e)  a matter that is within the original jurisdiction of the Federal Court by virtue of section 39B of the Judiciary Act 1903;

being a matter in respect of which the Supreme Court of a State or Territory would not, apart from this Act, have jurisdiction.

State includes the Australian Capital Territory and the Northern Territory.

State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 applies by virtue of a Proclamation made under subsection 41(2) of that Act.

Territory does not include the Australian Capital Territory or the Northern Territory.

             (2)  A reference in this Act, other than a reference in subsection 4(1), 5(3) or 7(4), to the Supreme Court of a State includes, if there is a State Family Court of that State, a reference to that State Family Court.

             (3)  This Act extends to every external Territory.

             (4)  Jurisdiction conferred on the Federal Court by an application law (as defined in section 150A of the Competition and Consumer Act 2010), of the Australian Capital Territory or the Northern Territory, is to be treated for the purposes of this Act as if that jurisdiction were federal jurisdiction.

4  Additional jurisdiction of certain courts

             (1)  Where:

                     (a)  the Federal Court or the Family Court has jurisdiction with respect to a civil matter, whether that jurisdiction was or is conferred before or after the commencement of this Act; and

                     (b)  the Supreme Court of a State or Territory would not, apart from this section, have jurisdiction with respect to that matter;

then:

                     (c)  in the case of the Supreme Court of a State (other than the Supreme Court of the Australian Capital Territory and the Supreme Court of the Northern Territory)—that court is invested with federal jurisdiction with respect to that matter; or

                     (d)  in the case of the Supreme Court of a Territory (including the Australian Capital Territory and the Northern Territory)—jurisdiction is conferred on that court with respect to that matter.

             (2)  Where:

                     (a)  the Supreme Court of a Territory has jurisdiction with respect to a civil matter, whether that jurisdiction was or is conferred before or after the commencement of this Act; and

                     (b)  the Federal Court, the Family Court or the Supreme Court of a State or of another Territory would not, apart from this section, have jurisdiction with respect to that matter;

jurisdiction is conferred on the court referred to in paragraph (b) with respect to that matter.

             (3)  Where a proceeding is transferred to the Federal Court, the Family Court or a State Family Court of a State, that court has, by virtue of this subsection, jurisdiction with respect to so many of the matters for determination in the proceeding as that court would not have apart from this subsection.

             (4)  This section does not apply to a matter arising under:

                     (a)  the Conciliation and Arbitration Act 1904; or

                    (aa)  the Building and Construction Industry Improvement Act 2005; or

                    (ab)  the Fair Work Act 2009; or

                    (ac)  the Fair Work (Registered Organisations) Act 2009; or

                    (ad)  the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

                     (b)  the Workplace Relations Act 1996; or

                    (ba)  the Native Title Act 1993; or

                     (c)  section 45D, 45DA, 45DB, 45E, 45EA,46A, 155A or 155B of the Competition and Consumer Act 2010; or

                     (d)  a provision of Part VI or XII of the Competition and Consumer Act 2010 so far as the provision relates to section 46A, 155A or 155B of that Act.

5  Transfer of proceedings

             (1)  Where:

                     (a)  a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court of a State or Territory (in this subsection referred to as the first court); and

                     (b)  it appears to the first court that:

                              (i)  the relevant proceeding arises out of, or is related to, another proceeding pending in the Federal Court or the Family Court and it is more appropriate that the relevant proceeding be determined by the Federal Court or the Family Court;

                             (ii)  having regard to:

                                        (A)  whether, in the opinion of the first court, apart from this Act and any law of a State relating to cross‑vesting of jurisdiction and apart from any accrued jurisdiction of the Federal Court or the Family Court, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the first court and capable of being instituted in the Federal Court or the Family Court;

                                        (B)  the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the Commonwealth and not within the jurisdiction of the first court apart from this Act and any law of a State relating to cross‑vesting of jurisdiction; and

                                        (C)  the interests of justice;

                                   it is more appropriate that the relevant proceeding be determined by the Federal Court or the Family Court, as the case may be; or

                            (iii)  it is otherwise in the interests of justice that the relevant proceeding be determined by the Federal Court or the Family Court;

the first court shall transfer the relevant proceeding to the Federal Court or the Family Court, as the case may be.

             (2)  Where:

                     (a)  a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court of a State or Territory (in this subsection referred to as the first court); and

                     (b)  it appears to the first court that:

                              (i)  the relevant proceeding arises out of, or is related to, another proceeding pending in the Supreme Court of another State or Territory and it is more appropriate that the relevant proceeding be determined by that other Supreme Court;

                             (ii)  having regard to:

                                        (A)  whether, in the opinion of the first court, apart from this Act and any law of a State relating to cross‑vesting of jurisdiction, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the first court and capable of being instituted in the Supreme Court of another State or Territory;

                                        (B)  the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State or Territory referred to in sub-subparagraph (A) and not within the jurisdiction of the first court apart from this Act and any law of a State relating to cross‑vesting of jurisdiction; and

                                        (C)  the interests of justice;

                                   it is more appropriate that the relevant proceeding be determined by that other Supreme Court; or

                            (iii)  it is otherwise in the interests of justice that the relevant proceeding be determined by the Supreme Court of another State or Territory;

the first court shall transfer the relevant proceeding to that other Supreme Court.

             (3)  Where:

                     (a)  a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court of a State or the State Family Court of that State (in this subsection referred to as the first court); and

                     (b)  it appears to the first court that:

                              (i)  the relevant proceeding arises out of, or is related to, another proceeding pending in the other of the courts referred to in paragraph (a) and it is more appropriate that the relevant proceeding be determined by that other court;

                             (ii)  having regard to:

                                        (A)  whether, in the opinion of the first court, apart from this Act and any law of a State relating to cross‑vesting of jurisdiction, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the first court and capable of being instituted in the other of the courts referred to in paragraph (a); and

                                        (B)  the interests of justice;

                                   it is more appropriate that the relevant proceeding be determined by the other of the courts referred to in paragraph (a); or

                            (iii)  it is otherwise in the interests of justice that the relevant proceeding be determined by the other of the courts referred to in paragraph (a);

the first court shall transfer the relevant proceeding to that other court.

             (4)  Where:

                     (a)  a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Federal Court or the Family Court (in this subsection referred to as the first court); and

                     (b)  it appears to the first court that:

                              (i)  the relevant proceeding arises out of, or is related to, another proceeding pending in the Supreme Court of a State or Territory and it is more appropriate that the relevant proceeding be determined by that Supreme Court;

                             (ii)  having regard to:

                                        (A)  whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been incapable of being instituted in that court, apart from this Act and any law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and

                                        (B)  whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been capable of being instituted in the Supreme Court of a State or Territory, apart from this Act and any law of a State or Territory relating to cross‑vesting of jurisdiction; and

                                        (C)  the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State or Territory referred to in sub-subparagraph (B) and not within the jurisdiction of the first court apart from this Act and any law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and

                                        (D)  the interests of justice;

                                   it is more appropriate that the relevant proceeding be determined by that Supreme Court; or

                            (iii)  it is otherwise in the interests of justice that the relevant proceeding be determined by the Supreme Court of a State or Territory;

the first court shall transfer the relevant proceeding to that Supreme Court.

             (5)  Where:

                     (a)  a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Federal Court or the Family Court (in this subsection referred to as the first court); and

                     (b)  it appears to the first court that:

                              (i)  the relevant proceeding arises out of, or is related to, another proceeding pending in the other of the courts referred to in paragraph (a) and it is more appropriate that the relevant proceeding be determined by the other of the courts referred to in paragraph (a); or

                             (ii)  it is otherwise in the interests of justice that the relevant proceeding be determined by the other of the courts referred to in paragraph (a);

the first court shall transfer the relevant proceeding to that other court.

             (6)  Where:

                     (a)  a court (in this subsection referred to as the first court) transfers a proceeding to another court under a law or laws relating to cross‑vesting of jurisdiction; and

                     (b)  it appears to the first court that:

                              (i)  there is another proceeding pending in the first court that arises out of, or is related to, the first‑mentioned proceeding; and

                             (ii)  it is in the interests of justice that the other proceeding be determined by the other court;

the first court shall transfer the other proceeding to the other court.

             (7)  A court may transfer a proceeding under this section on the application of a party to the proceeding, of its own motion or on the application of the Attorney‑General of the Commonwealth or of a State or Territory.

             (8)  A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in a court has, if a proceeding (in this subsection referred to as the transferred proceeding) in that court is transferred to another court under a law or laws relating to cross‑vesting of jurisdiction, the same entitlement to practise in relation to:

                     (a)  the transferred proceeding; and

                     (b)  any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;

in the other court that the person would have if the other court were a federal court exercising federal jurisdiction.

             (9)  Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

Note:          This section has effect subject to section 6 (Special federal matters: general rules) and section 6A (Special federal matters: Commonwealth authorities or officers acting under the laws of States).

6  Special federal matters: general rules

             (1)  If:

                     (a)  a matter for determination in a proceeding that is pending in the Supreme Court of a State or Territory is a special federal matter; and

                     (b)  the court does not make an order under subsection (3) in respect of the matter;

the court must transfer the proceeding in accordance with this section to the Federal Court or a court mentioned in paragraph (2)(b).

Note:          This section has effect subject to section 6A (Special federal matters: Commonwealth authorities or officers acting under the laws of States).

          (1A)  However, the court must only transfer so much of the proceeding as is, in the opinion of the court, within the jurisdiction (including the accrued jurisdiction) of the Federal Court, or the court mentioned in paragraph (2)(b), as the case may be.

             (2)  If the court orders that a proceeding or part of a proceeding be transferred, the proceeding or part of the proceeding must be transferred:

                     (a)  if the matter for determination in the proceeding is a matter mentioned in paragraph (a), (b), (c) or (e) of the definition of special federal matter in subsection 3(1)—to the Federal Court; or

                     (b)  if the matter for determination in the proceeding is a matter mentioned in paragraph (ab) of that definition—to whichever of the Family Court, the Family Court of Western Australia or the Supreme Court of the Northern Territory, in the opinion of the court, is appropriate in the circumstances.

             (3)  The Supreme Court may order that the proceeding be determined by that court if it is satisfied that there are special reasons for doing so in the particular circumstances of the proceeding other than reasons relevant to the convenience of the parties.

             (4)  Before making an order under subsection (3), the court must be satisfied that:

                     (a)  a written notice specifying the nature of the special federal matter has been given to the Attorney‑General of the Commonwealth and the Attorney‑General of the State or Territory where the proceeding is pending; and

                     (b)  a reasonable time has elapsed since the giving of the notice for the Attorneys‑General to consider whether submissions to the court should be made in relation to the proceeding.

             (5)  For the purposes of subsection (4), the court:

                     (a)  may adjourn the proceeding for such time as the court thinks necessary and may make such order as to costs in relation to an adjournment as it thinks fit; and

                     (b)  may direct a party to the proceeding to give a notice in accordance with that subsection.

             (6)  In considering whether there are special reasons for the purposes of subsection (3), the court must:

                     (a)  have regard to the general rule that special federal matters should be heard by the Federal Court or a court mentioned in paragraph (2)(b), whichever is appropriate in the particular case; and

                     (b)  take into account any submission made in relation to the proceeding by an Attorney‑General mentioned in subsection (4).

             (7)  The Attorney‑General may authorise the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of a proceeding under this section, under a corresponding provision of a law of a State or under this section and under such a provision.

             (8)  Nothing in this section prevents the court granting urgent relief of an interlocutory nature if it is in the interests of justice to do so.

             (9)  Where, through inadvertence, the Supreme Court of a State or Territory determines a proceeding of the kind mentioned in subsection (1) without:

                     (a)  the court making an order under subsection (3) that the proceeding be determined by that court; or

                     (b)  a notice mentioned in subsection (4) being given;

nothing in this section invalidates the decision of that court.

           (10)  This section does not apply to an appeal that is instituted in the Full Court of the Supreme Court of a State or Territory if the court whose decision is the subject of the appeal had made an order under subsection (3), or under subsection 6(1) as in force before the commencement of the amendments of this Act made by the Law and Justice Legislation Amendment Act (No. 3) 1992, in relation to the special federal matter.

6A  Special federal matters: Commonwealth authorities or officers acting under the laws of States

             (1)  This section applies to a proceeding (the federal matter proceeding) if:

                     (a)  a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of special federal matter in subsection 3(1); and

                     (b)  the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers conferred on a Commonwealth authority, or officer of the Commonwealth, by an enactment (the State enactment) referred to in paragraph (ca) or (cb) of the definition of enactment in subsection 3(1) of the Administrative Decisions (Judicial Review) Act 1977; and

                     (c)  the matter for determination in the proceeding arises out of, or relates to, another proceeding (the State matter proceeding) pending in any court of any State:

                              (i)  that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another State; and

                             (ii)  none of the matters for determination in which are covered by paragraph (c) or (e) of the definition of special federal matter in subsection 3(1);

                            regardless of which proceeding was commenced first.

Note:          Paragraph (c) of the definition of special federal matter in subsection 3(1) refers to matters arising under the Administrative Decisions (Judicial Review) Act 1977, and paragraph (e) of that definition refers to matters that are within the original jurisdiction of the Federal Court by virtue of section 39B of the Judiciary Act 1903.

             (2)  If:

                     (a)  the federal matter proceeding is pending in the Federal Court or the Family Court; and

                     (b)  having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the Federal Court or the Family Court considers it appropriate to transfer the proceeding to the Supreme Court of the State in which the State matter proceeding is pending;

the Federal Court or the Family Court may transfer the proceeding to that Supreme Court. Subsection 5(4) does not apply to the federal matter proceeding.

             (3)  If:

                     (a)  the federal matter proceeding is pending in the Supreme Court of a State; and

                     (b)  the State matter proceeding is pending in any court of that State;

neither subsection 5(1) nor section 6 applies to require the Supreme Court to transfer the federal matter proceeding to the Federal Court or the Family Court. However, the Supreme Court may do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.

             (4)  Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

             (5)  The fact that references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that references to the interests of justice elsewhere in this Act do not include that matter.

             (6)  In this section:

Commonwealth authority means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act.

officer of the Commonwealth has the same meaning as in paragraph 75(v) of the Constitution.

7  Institution and hearing of appeals

             (1)  An appeal shall not be instituted from a decision of a single judge of the Federal Court or the Family Court to the Full Court of the Supreme Court of a State or Territory.

             (2)  An appeal shall not be instituted from the Federal Court or the Family Court to the other of those courts.

             (3)  Where it appears that the only matters for determination in a proceeding by way of an appeal from a decision of a single judge of the Supreme Court of a State or Territory are matters other than matters arising under an Act specified in the Schedule, that proceeding shall be instituted only in, and shall be determined only by, the Full Court of the Supreme Court of that State or Territory.

             (4)  An appeal shall not be instituted from a decision of a court of summary jurisdiction of a State to the Supreme Court of the State if an appeal lies from that decision to the State Family Court of the State.

             (5)  Subject to subsections (7) and (8), where it appears that a matter for determination in a proceeding by way of an appeal from a decision of a single judge of the Supreme Court of a State or Territory (not being a proceeding to which subsection (6) applies) is a matter arising under an Act specified in the Schedule, that proceeding shall be instituted only in, and shall be determined only by:

                     (a)  the Full Court of the Federal Court or of the Family Court, as the case requires; or

                     (b)  with special leave of the High Court, the High Court.

             (6)  A proceeding by way of an appeal from a decision of a judge of a State Family Court, being a proceeding involving the determination of:

                     (a)  a matter arising under an Act specified in the Schedule; and

                     (b)  another matter;

may be dealt with as if no matter for determination in the proceeding were a matter arising under an Act specified in the Schedule.

             (7)  Where:

                     (a)  the Full Court of the Supreme Court of a State or Territory commences to hear a proceeding by way of an appeal; and

                     (b)  before the Court determines the proceeding, it appears to the Court that the proceeding is a proceeding to which subsection (5) applies;

the Court shall, unless the interests of justice require that the Court proceed to determine the proceeding, transfer the proceeding to the Full Court of the Federal Court or of the Family Court, as the case requires.

             (8)  Where the Full Court of the Supreme Court of a State or Territory:

                     (a)  determines a proceeding to which subsection (5) applies as mentioned in subsection (7); or

                     (b)  through inadvertence, determines a proceeding to which subsection (5) applies;

nothing in this section invalidates the decision of that court.

8  Orders by Supreme Court of a Territory

             (1)  Where:

                     (a)  a proceeding (in this subsection referred to as the relevant proceeding) is pending in:

                              (i)  a court, other than the Supreme Court, of a Territory; or

                             (ii)  a tribunal established by or under a law of a Territory; and

                     (b)  it appears to the Supreme Court of that Territory that:

                              (i)  the relevant proceeding arises out of, or is related to, another proceeding pending in the Federal Court, the Family Court, the Supreme Court of a State or the Supreme Court of another Territory and, if an order is made under this subsection in relation to the relevant proceeding, there would be grounds on which that other proceeding could be transferred to the Supreme Court of that first‑mentioned Territory; or

                             (ii)  an order should be made under this subsection in relation to the relevant proceeding so that consideration can be given to whether the relevant proceeding should be transferred to another court;

the Supreme Court of that first‑mentioned Territory may, on the application of a party to the relevant proceeding or of its own motion, make an order removing the relevant proceeding to that Supreme Court.

             (2)  Where an order is made under subsection (1) in relation to a proceeding, this Act applies in relation to the proceeding as if it were a proceeding pending in the court to which it was removed.

             (3)  Where a proceeding is removed to a court in accordance with an order made under subsection (1), that court may, if the court considers it appropriate to do so, remit the proceeding to the court or tribunal from which the proceeding was removed.

9  Exercise of jurisdiction pursuant to cross‑vesting laws

             (1)  Nothing in this or any other Act is intended to override or limit the operation of a provision of a law of a State relating to cross‑vesting of jurisdiction.

             (2)  The Supreme Court of a Territory may:

                     (a)  exercise jurisdiction (whether original or appellate) conferred on that court by a provision of this Act or of a law of a State relating to cross‑vesting of jurisdiction; and

                     (b)  hear and determine a proceeding transferred to that court under such a provision.

             (3)  The Federal Court or the Family Court may:

                     (a)  exercise jurisdiction (whether original or appellate) conferred on that court by a provision of this Act or of a law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and

                     (b)  hear and determine a proceeding transferred to that court under such a provision.

10  Transfer of matters arising under the Australian Consumer Law

                   Where:

                     (a)  a proceeding is pending in the Federal Court, the Family Court or the Supreme Court of a State or Territory;

                     (b)  a matter for determination in the proceeding is a matter arising under Part 2‑2, 3‑1, 3‑3 or 3‑4 of Schedule 2 to the Competition and Consumer Act 2010, as that Part applies as a law of the Commonwealth;

                     (c)  no matter for determination in the proceeding is a special federal matter;

                     (d)  the proceeding is not a proceeding by way of an appeal from a judgment of a court; and

                     (e)  a court of a State or Territory, other than the Supreme Court of that State or Territory, has jurisdiction with respect to all of the matters for determination in the proceeding;

the court referred to in paragraph (a) may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the court referred to in paragraph (e).

11  Conduct of proceedings

             (1)  Where it appears to a court that the court will, or will be likely to, in determining a matter for determination in a proceeding, be exercising jurisdiction conferred by this Act or by a law of a State relating to cross‑vesting of jurisdiction:

                     (a)  subject to paragraphs (b) and (c), the court shall, in determining that matter, apply the law in force in the State or Territory in which the court is sitting (including choice of law rules);

                     (b)  subject to paragraph (c), if that matter is a right of action arising under a written law of another State or Territory, the court shall, in determining that matter, apply the written and unwritten law of that other State or Territory; and

                     (c)  the rules of evidence and procedure to be applied in dealing with that matter shall be such as the court considers appropriate in the circumstances, being rules that are applied in a superior court in Australia or in an external Territory.

             (2)  The reference in paragraph (1)(a) to the State or Territory in which the court is sitting is, in relation to the Federal Court or the Family Court, a reference to the State or Territory in which any matter for determination in the proceeding was first commenced in or transferred to that court.

             (3)  Where a proceeding is transferred or removed to a court (in this subsection referred to as the transferee court) from another court (in this subsection referred to as the transferor court), the transferee court shall deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.

12  Orders as to costs

                   Where a proceeding is transferred or removed to a court, that court may make an order as to costs that relate to the conduct of the proceeding before the transfer or removal if those costs have not already been dealt with by another court.

13  Limitation on appeals

                   An appeal does not lie from a decision of a court:

                     (a)  in relation to the transfer or removal of a proceeding under this Act; or

                     (b)  as to which rules of evidence and procedure are to be applied pursuant to subsection 11(1).

14  Enforcement and effect of judgments

             (1)  A judgment of the Federal Court or the Family Court that is given, in whole or in part, in the exercise of jurisdiction conferred by a law or laws relating to cross‑vesting of jurisdiction is enforceable in a Territory as if the judgment had been given entirely in the exercise of the jurisdiction of that court apart from any such law.

             (2)  A judgment of the Supreme Court of a Territory that is given, in whole or in part, in the exercise of jurisdiction conferred by a law or laws relating to cross‑vesting of jurisdiction is enforceable in that Territory as if the judgment had been given entirely in the exercise of the jurisdiction of that court apart from any such law.

             (3)  Where:

                     (a)  a provision of a law of the Commonwealth or of a Territory (not being a law relating to the enforcement of judgments) refers to a thing done by the Federal Court, the Family Court or the Supreme Court of that Territory; and

                     (b)  that thing is done by another court in the exercise of jurisdiction conferred by this Act;

the reference in that provision to the Federal Court, the Family Court or the Supreme Court of that Territory, as the case may be, shall be read as a reference to that other court.

15  Construction of Act to be subject to Constitution

                   This Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that if this Act would, but for this section, have been construed as being in excess of that power, it shall nevertheless be valid to the extent to which it is not in excess of that power.

16  Suspension or cessation of operation of Act

             (1)  Subject to subsection (2), the Governor‑General may, if a Proclamation has not been made under subsection (4), by Proclamation, declare that the operation of this Act is suspended from a day (being a day not earlier than 3 years after the commencement of this Act) specified in the Proclamation and, where such a Proclamation is made, this Act ceases to be in force from that day until a Proclamation is made under subsection (3) revoking the first‑mentioned Proclamation.

             (2)  The Governor‑General shall not make a Proclamation under subsection (1) having effect from a particular day unless the Governor‑General is satisfied that the Attorney‑General has given notice of his or her intention to seek the making of such a Proclamation to each State (other than a State in relation to which a Proclamation under subsection (5) has been made) not less than 6 months before that day.

             (3)  Where the Governor‑General has made a Proclamation under subsection (1), the Governor‑General may, by Proclamation, revoke the first‑mentioned Proclamation.

             (4)  Where the Governor‑General is satisfied that State Acts relating to cross‑vesting of jurisdiction are not effective to confer jurisdiction of the Supreme Courts of the States on the Federal Court or the Family Court, the Governor‑General may, by Proclamation, declare that this Act shall, on a day specified in the Proclamation, cease to be in force and, where such a Proclamation is made, this Act ceases to be in force on that day.

             (5)  Where the Governor‑General is satisfied that an Act of a particular State relating to cross‑vesting of jurisdiction has been repealed, rendered inoperative, suspended or altered in a substantial manner, the Governor‑General may, by Proclamation, declare that this Act shall, on a day specified in the Proclamation, cease to be in force in relation to that State and, where such a Proclamation is made, this Act ceases to be in force in relation to that State on that day.

             (6)  Where:

                     (a)  the Governor‑General has made a Proclamation under subsection (5) in relation to a State; and

                     (b)  the Governor‑General is satisfied that there is in force an Act of that State relating to cross‑vesting of jurisdiction, being an Act in terms substantially corresponding to the terms of this Act;

the Governor‑General may, by Proclamation, declare that this Act again applies in relation to that State from a day specified in the Proclamation and, where such a Proclamation is made, this Act applies in relation to that State on and after that day.


Schedule 

Section 7

Advance Australia Logo Protection Act 1984

Bankruptcy Act 1966

Commonwealth Electoral Act 1918

Copyright Act 1968

Dental Benefits Act 2008

Designs Act 2003

Family Law Act 1975

Health Insurance Act 1973

Liquid Fuel Emergency Act 1984

Patents Act 1990

Referendum (Machinery Provisions) Act 1984

Shipping Registration Act 1981

Trade Marks Act 1955


Notes to the Jurisdiction of Courts (Cross‑vesting) Act 1987

Note 1

The Jurisdiction of Courts (Cross‑vesting) Act 1987 as shown in this compilation comprises Act No. 24, 1987 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 23 October 2006 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Jurisdiction of Courts (Cross‑vesting) Act 1987

24, 1987

26 May 1987

1 July 1988 (see Gazette 1988, No. S191)

 

Industrial Relations (Consequential Provisions) Act 1988

87, 1988

8 Nov 1988

Ss. 1 and 2: Royal Assent
Remainder: 1 Mar 1989 (see s. 2(2) and Gazette 1989, No. S53)

S. 95

Trade Practices (Misuse of Trans‑Tasman Market Power) Act 1990

70, 1990

16 June 1990

1 July 1990 (see Gazette 1990, No.S172)

Patents Act 1990

83, 1990

30 Oct 1990

30 Apr 1991

Law and Justice Legislation Amendment Act (No. 3) 1992

165, 1992

11 Dec 1992

S. 4 (Schedule [in part]): 11 Dec 1993 (a)

S. 3(1)

Trade Practices Legislation Amendment Act 1992

222, 1992

24 Dec 1992

21 Jan 1993

Industrial Relations Reform Act 1993

98, 1993

22 Dec 1993

Ss. 49–51: 30 Mar 1994 (see Gazette 1994, No. S104) (b)

Native Title Act 1993

110, 1993

24 Dec 1993

S. 220: 1 Jan 1994 (see Gazette 1993, No. S402) (c)

Competition Policy Reform Act 1995

88, 1995

20 July 1995

S. 32: 17 Aug 1995 (d)

Family Law Reform (Consequential Amendments) Act 1995

140, 1995

12 Dec 1995

Schedule 1 (Part 6): 11 June 1996 (see Gazette 1996, No. GN5) (e)

Workplace Relations and Other Legislation Amendment Act 1996

60, 1996

25 Nov 1996

Schedule 17 (items 12, 13): 17 Jan 1997 (see Gazette 1997, No. S18) (f)
Schedule 19 (item 24): Royal Assent (f)

S. 2(2) and (6) (am. by 77, 1996, Sch. 3 [items 1, 2])

as amended by

 

 

 

 

Workplace Relations and Other Legislation Amendment Act (No. 2) 1996

77, 1996

19 Dec 1996

Schedule 3 (items 1, 2): (g)

Law and Justice Legislation Amendment Act 1997

34, 1997

17 Apr 1997

Schedule 12:  Royal Assent (h)

Jurisdiction of Courts Legislation Amendment Act 2000

57, 2000

30 May 2000

Schedule 1 (items 57–69): 1 July 2000 ( see Gazette 2000, No. GN25) (i)

National Crime Authority Legislation Amendment Act 2001

135, 2001

1 Oct 2001

Schedules 1–7 and 9–12: 12 Oct 2001 (see Gazette 2001, No. S428)
Schedule 8: 13 Oct 2001 (see Gazette 2001, No. S428)

Designs (Consequential Amendments) Act 2003

148, 2003

17 Dec 2003

Schedules 1 and 2: (j)
Remainder: Royal Assent

Building and Construction Industry Improvement (Consequential and Transitional) Act 2005

112, 2005

12 Sept 2005

Ss. 4, 5(1), (3), (4) and Schedule 1 (items 8, 9, 11): 9 Mar 2005
Remainder: Royal Assent

Petroleum Retail Legislation Repeal Act 2006

113, 2006

23 Oct 2006

Schedules 1 and 2: 1 Mar 2007
Remainder: Royal Assent

Sch. 2 (item 2) [see Table A]

Dental Benefits (Consequential Amendments) Act 2008

42, 2008

25 June 2008

Schedule 1 (item 5): 26 June 2008 (see s. 2(1))

Fair Work (State Referral and Consequential and Other Amendments) Act 2009

54, 2009

25 June 2009

Schedule 5 (item 39): (k)

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010

103, 2010

13 July 2010

Schedule 6 (items 1, 70–72, 165): 1 Jan 2011


(a)     The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by section 4 (Schedule [in part]) only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsection 2(5) of which provides as follows:

                 (5)   If the amendments mentioned in subsection (4) do not commence under that subsection within the period of 12 months commencing on the day on which the Act receives the Royal Assent, they commence on the first day after the end of that period.

(b)    The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by sections 49–51 only of the Industrial Relations Reform Act 1993, subsection 2(6) of which provides as follows:

                 (6)   Subject to subsection (7), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(c)     The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by section 220 only of the Native Title Act 1993, subsection 2(2) of which provides as follows:

                 (2)   Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(d)     The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by Schedule 2 (section 32) only of the Competition Policy Reform Act 1995, subsection 2(1) of which provides as follows:

                 (1)   The following provisions commence on the 28th day after the day on which this Act receives the Royal Assent:

                              (a)   Parts 1, 2 and 7;

(e)     The Jurisdiction of Courts(Cross‑vesting) Act 1987 was amended by Schedule 1 (Part 6) only of the Family Law Reform (Consequential Amendments) Act 1995, subsection 2(2) of which provides as follows:

                 (2)   The amendments made in Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Schedule 1 commence on the commencement of section 31 of the Family Law Reform Act 1995.

(f)      The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by Schedule 17 (items 12 and 13) and Schedule 19 (item 24) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsections 2(1) and (2) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (2)   Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, items 2 and 3 of Schedule 12, item 90 of Schedule 16 and the items of Schedule 19, commence on a day or days to be fixed by Proclamation.

(g)     The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 3 (items 1, 2) only of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:

                 (4)   The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.

(h)     The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by Schedule 12 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(i)      The Jurisdiction of Courts (Cross‑vesting) Act 1987 was amended by Schedule 1 (items 57–69) only of the Jurisdiction of Courts Legislation Amendment Act 2000, subsection 2(2) of which provides as follows:

                 (2)   The items in Schedule 1, other than items 77 to 90, commence on a day or days to be fixed by Proclamation.

(j)      Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedules 1 and 2

Immediately after the commencement of section 4 of the Designs Act 2003.

17 June 2004

(k)     Subsection 2(1) (item 13) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)

Commencement

Date/Details

13.  Schedule 5, items 32 to 64

Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.

1 July 2009 (see F2009L02563)


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Preamble.............................

am. No. 57, 2000

S. 3......................................

am. No. 165, 1992; No. 98, 1993; Nos. 88 and 140, 1995; No. 60, 1996; No. 34, 1997; No. 57, 2000; No. 135, 2001; No. 103, 2010

S. 4......................................

am. No. 87, 1988; No. 70, 1990; Nos. 98 and 110, 1993; No. 60, 1996; No. 34, 1997; No. 112, 2005; No. 54, 2009; No. 103, 2010

S. 5......................................

am. No. 57, 2000

Heading to s. 6....................

am. No. 57, 2000

S. 6......................................

rs. No. 165, 1992

 

am. No. 57, 2000; No. 135, 2001

Note to s. 6(1).....................

ad. No. 57, 2000

S. 6A...................................

ad. No. 57, 2000

S. 9......................................

am. No. 57, 2000

Heading to s. 10..................

am. No. 103, 2010

S. 10....................................

am. No. 222, 1922; No. 103, 2010

Schedule.............................

am. No. 83, 1990; No. 148, 2003; No. 113, 2006; No. 42, 2008


Table A

Application, saving or transitional provisions

Petroleum Retail Legislation Repeal Act 2006 (No. 113, 2006)

Schedule 2

2  Transitional—pre‑commencement matters arising under the Petroleum Retail Market Franchise Act 1980

Despite the amendment of the Jurisdiction of Courts (Cross‑vesting) Act 1987 made by this Schedule, that Act continues to apply, in relation to a matter arising under the Petroleum Retail Marketing Franchise Act 1980 before the commencement of this item, as if that amendment had not been made.