Section 138D — Competition and Consumer Act 2010: Transfer of matters by a State or Territory court

(1) This section applies if: (a) a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory; and (b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under Chapter 4 of the Australian Consumer Law. (2) The court must, if directed to do so by the Federal Court, transfer to the Federal Court: (a) the matter; and (b) such other matters for determination in the proceeding, the determination of which would (apart from any law of a State or of the Northern Territory relating to cross-vesting of jurisdiction) be within the jurisdiction of the Federal Court, as the Federal Court determines. (3) Subject to subsection (4), the court may, on the application of a party to the proceeding or of its own motion, transfer the matter to a court (other than the Supreme Court) of another State or Territory. (4) The court (the first court) must not transfer a matter to another court under subsection (3) unless: (a) the other court has power to grant the remedies sought before the first court in the matter; and (b) it appears to the first 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. (5) If the court transfers a matter to another court under subsection (3), further proceedings in the matter must be as directed by the other court.