Section 138C — Competition and Consumer Act 2010: Transfer of matters by the Federal Court

(1) Subject to subsection (2), if: (a) a civil proceeding instituted by a person (other than the Commonwealth Minister or the Commission) is pending in the Federal Court; and (b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law; the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the matter, and any other matter for determination in the proceeding, to a court of a State or a Territory. (2) The Federal Court must not transfer a matter to another court under subsection (1) unless: (a) the other court has power to grant the remedies sought before the Federal Court in the matter; and (b) it appears to the Federal Court that: (i) the matter arises out of, or is related to, a proceeding that is pending in the other court; or (ii) it is otherwise in the interests of justice that the matter be determined by the other court. (4) If the Federal Court transfers a matter to another court under subsection (1): (a) further proceedings in the matter must be as directed by the other court; and (b) the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.