JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987
NORTHERN TERRITORY OF AUSTRALIA
JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987
As in force at 1 January 2022
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
3A Corporations Act of the Commonwealth .......................................... 2
4 Vesting of additional jurisdiction in certain Courts ........................... 2
5 Transfer of proceedings ................................................................... 3
6 Special federal matters .................................................................... 8
7 Institution and hearing of appeals .................................................... 9
8 Orders by Supreme Court.............................................................. 11
9 Exercise of jurisdiction pursuant to cross-vesting laws .................. 12
10 Transfer of matters arising under certain provisions of the
Australian Consumer Law applying as a law of the
Commonwealth.............................................................................. 12
11 Conduct of proceedings ................................................................. 13
12 Orders as to costs ......................................................................... 13
13 Limitation on appeals ..................................................................... 14
14 Enforcement and effect of judgments ............................................ 14
15 Suspension or cessation of operation of Act.................................. 14
16 Transitional matters for Consumer Affairs and Fair Trading
Amendment (National Uniform Legislation) Act 2010 .................... 16
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 January 2022
____________________
JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987
An Act to make provision for the cross-vesting of certain jurisdiction
1 Short title
This Act may be cited as the Jurisdiction of Courts (Cross-vesting)
Act 1987.
2 Commencement
(1) Sections 1 and 2 shall come into operation on the day on which the
Administrator's assent to this Act is declared.
(2) The remaining provisions of this Act shall come into operation on a
date to be fixed by the Administrator by notice in the Gazette.
3 Interpretation
(1) In this Act:
Full Court, in relation to a Supreme Court of a State, includes a
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.
Northern Territory matter means a matter:
(a) in which the Supreme Court has jurisdiction otherwise than by
reason of a law of the Commonwealth or of another State; or
(b) removed to the Supreme Court under section 8.
party, in relation to a proceeding, includes a person who intervenes
in the proceeding.
proceeding does not include a criminal proceeding.
special federal matter has the same meaning as in the Jurisdiction
of Courts (Cross-vesting) Act 1987 of the Commonwealth.
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Jurisdiction of Courts (Cross-vesting) Act 1987 2
State means the Australian Capital Territory, the Northern Territory
or a State of the Commonwealth.
State Family Court, in relation to a State, means a court of that
State to which section 41 of the Family Law Act 1975 of the
Commonwealth applied by virtue of a Proclamation made under
section 41(2) of that Act.
Territory does not include the Australian Capital Territory or the
Northern Territory.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) A reference in this Act, other than a reference in section 4(3), 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.
3A Corporations Act of the Commonwealth
This Act does not apply to the jurisdiction of courts with which
Division 1 of Part 9.6A of the Corporations Act 2001 of the
Commonwealth deals.
4 Vesting of additional jurisdiction in certain Courts
(1) The Federal Court has and may exercise original and appellate
jurisdiction in respect of Northern Territory matters.
(2) The Family Court has and may exercise original and appellate
jurisdiction in respect of Northern Territory matters.
(3) The Supreme Court of another State or of a Territory has and may
exercise original and appellate jurisdiction in respect of Northern
Territory matters.
(4) The State Family Court of another State has and may exercise
original and appellate jurisdiction in respect of Northern Territory
matters.
(5) Subsection (1), (2), (3) or (4) does not:
(a) invest the Federal Court, the Family Court or a Supreme Court
with; or
(b) confer on any such court,
jurisdiction in respect of criminal matters.
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Jurisdiction of Courts (Cross-vesting) Act 1987 3
5 Transfer of proceedings
(1) Where:
(a) a proceeding (in this subsection referred to as the relevant
proceeding) is pending in the Supreme Court; and
(b) it appears to the Supreme 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 Supreme Court, apart
from this Act and a law of the Commonwealth or
another State relating to cross-vesting of
jurisdiction and apart from an 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 Supreme Court and capable
of being instituted in the Federal Court or the
Family Court;
(B) the extent to which, in the opinion of the Supreme
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 Supreme Court apart
from this Act and a law of the Commonwealth or
another 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 Supreme Court shall transfer the relevant proceeding to the
Federal Court or the Family Court, as the case may be.
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Jurisdiction of Courts (Cross-vesting) Act 1987 4
(2) Where:
(a) a proceeding (in this subsection referred to as the relevant
proceeding) is pending in the Supreme 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
another State or of a 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 a law of the Commonwealth or another
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 that other State or Territory and
not within the jurisdiction of the first court apart
from this Act and a law of the Commonwealth or
another 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 of a Territory,
the first court shall transfer the relevant proceeding to that other
Supreme Court.
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Jurisdiction of Courts (Cross-vesting) Act 1987 5
(3) Where:
(a) a proceeding (in this subsection referred to as the relevant
proceeding) is pending in the Supreme Court of another
State or of a 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 the
Northern Territory and it is more appropriate that the
relevant proceeding be determined by the Supreme
Court of the Northern Territory;
(ii) having regard to:
(A) whether, in the opinion of the first court, apart from
this Act and a law of the Commonwealth or another
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 the
Northern 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 and not within the
jurisdiction of the first court apart from this Act and
a law of the Commonwealth or another 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 Supreme Court of the Northern
Territory; or
(iii) it is otherwise in the interests of justice that the relevant
proceeding be determined by the Supreme Court of the
Northern Territory,
the first court shall transfer the relevant proceeding to the Supreme
Court of the Northern Territory.
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Jurisdiction of Courts (Cross-vesting) Act 1987 6
(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 and it
is more appropriate that the relevant proceeding be
determined by the Supreme Court;
(ii) having regard to:
(A) whether, in the opinion of the first court, apart from
this Act and a law of the Commonwealth or another
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;
(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 and not within the
jurisdiction of the first court apart from this Act and
a law of the Commonwealth or another 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 Supreme Court; or
(iii) it is otherwise in the interests of justice that the relevant
proceeding be determined by that other court,
the first court shall transfer the relevant proceeding to the 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
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Jurisdiction of Courts (Cross-vesting) Act 1987 7
(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 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,
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Jurisdiction of Courts (Cross-vesting) Act 1987 8
in the other court that the person would have if the other court were
a Federal court exercising Federal jurisdiction.
6 Special federal matters
(1) Where a matter for determination in a proceeding that is pending in
the Supreme Court is a special federal matter, the Supreme Court,
if it does not make an order under subsection (3) in respect of the
matter, shall transfer the proceeding in accordance with this section
to the Federal Court or a court mentioned in subsection (2)(b).
(2) If the court orders that a proceeding be transferred, the proceeding
shall be transferred:
(a) if the matter for determination in the proceeding is a matter
mentioned in paragraph (a), (b), (c), (d) or (e) of the definition
of special federal matter in section 3(1) of the Jurisdiction of
Courts (Cross-vesting) Act 1987 of the Commonwealth – 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 or the Family Court of Western Australia,
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; and
(b) a reasonable time has elapsed since the giving of the notice
for the Attorney-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.
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Jurisdiction of Courts (Cross-vesting) Act 1987 9
(6) In considering whether there are special reasons for the purposes
of subsection (3), the court shall:
(a) act on the general rule that special federal matters should be
heard by the Federal Court or mentioned in subsection (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) 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.
(8) Where, through inadvertence, the Supreme Court 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 the court; or
(b) a notice mentioned in subsection (4) being given,
nothing in this section invalidates the decision of the court.
(9) This section does not apply to a proceeding by way of an appeal
that is instituted in the Full Court of the Supreme Court if the court
the decision of which is the subject of the appeal had made an
order under subsection (3), or under subsection (1) as in force
before the commencement of the Jurisdiction of Courts (Cross-
vesting) Amendment Act 1992, in relation to the special federal
matter.
(10) Despite the substitution of this section by the Jurisdiction of Courts
(Cross-vesting) Amendment Act 1992, this section as in force
immediately before the commencement of that Act continues to
apply in relation to a proceeding pending in a court to which this
section applied before that commencement.
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.
(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 are matters other than matters arising under an
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Jurisdiction of Courts (Cross-vesting) Act 1987 10
Act specified in the Schedule to the Jurisdiction of Courts (Cross-
vesting) Act 1987 of the Commonwealth, that proceeding shall be
instituted only in, and shall be determined only by, the Full Court of
the Supreme Court.
(4) Subject to subsections (6) and (7), 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 (not being a
proceeding to which subsection (5) applies) is a matter arising
under an Act specified in the Schedule referred to in subsection (3),
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.
(5) 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
referred to in subsection (3); 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 that
Schedule.
(6) Where:
(a) the Full Court of the Supreme Court commences to hear a
proceeding by way of an appeal; and
(b) before the Court determines the proceeding, it appears to it
that the proceeding is a proceeding to which subsection (4)
applies,
it shall, unless the interests of justice require that it 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.
(7) Where the Full Court of the Supreme Court:
(a) determines a proceeding to which subsection (4) applies as
mentioned in subsection (6); or
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Jurisdiction of Courts (Cross-vesting) Act 1987 11
(b) through inadvertence, determines a proceeding to which
subsection (4) applies,
nothing in this section invalidates the decision of that Court.
8 Orders by Supreme Court
(1) Where:
(a) a proceeding (in this subsection called the relevant
proceeding) is pending in:
(i) a court, other than the Supreme Court, of the State; or
(ii) a tribunal established by or under an Act; and
(b) it appears to the Supreme Court 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 another State or of a
Territory or a State Family Court and, if an order is made
under this subsection in relation to the relevant
proceeding, there would be grounds on which the other
proceeding could be transferred to the Supreme Court;
or
(iii) 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 may, on the application of a party to the
relevant proceeding or of its own motion, make an order removing
the relevant proceeding to the 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 Supreme Court.
(3) Where a proceeding is removed to the Supreme Court in
accordance with an order made under subsection (1), the Supreme
Court may, if it considers it appropriate to do so, remit the
proceeding to the court or tribunal from which the proceeding was
removed.
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Jurisdiction of Courts (Cross-vesting) Act 1987 12
9 Exercise of jurisdiction pursuant to cross-vesting laws
The Supreme Court may:
(a) exercise jurisdiction (whether original or appellate) conferred
on that Court by this Act or a law of the Commonwealth or a
State relating to cross-vesting of jurisdiction; and
(b) hear and determine a proceeding transferred to that Court
under this Act or such a law.
10 Transfer of matters arising under certain provisions of the
Australian Consumer Law applying as a law of the
Commonwealth
(1) This section applies if:
(a) a proceeding is pending in the Federal Court, Family Court,
Supreme Court or Supreme Court of another State or a
Territory; and
(b) a matter for determination in the proceeding is a matter arising
under any of the following provisions of Schedule 2 of the
Competition and Consumer Act 2010 (Cth), applying as a law
of the Commonwealth:
(i) Part 3-1, Divisions 1, 2, 4 or 5;
(ii) Part 3-3;
(iii) Part 3-4; and
(c) no matter for determination in the proceeding is a special
federal matter; and
(d) the proceeding is not a proceeding by way of an appeal from a
judgment of a court; and
(e) a court of the State, other than the Supreme Court, has
jurisdiction in respect of all matters for determination in the
proceeding.
(2) The court mentioned in subsection (1)(a) may, on the application of
a party to the proceeding or of its own motion, transfer the
proceeding to the court mentioned in subsection (1)(e).
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Jurisdiction of Courts (Cross-vesting) Act 1987 13
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 invested or conferred by this Act or by a law
of the Commonwealth or another 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 of a Territory,
the court shall, in determining that matter, apply the written
and unwritten law of that other State or of that 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 of
Australia.
(2) The reference in subsection (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.
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Jurisdiction of Courts (Cross-vesting) Act 1987 14
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 section 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 the
Northern 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 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 the Northern Territory
as if the judgment had been given entirely in the exercise of the
jurisdiction of the Supreme Court apart from any such law.
(3) Where:
(a) a provision of a law of the Northern Territory (not being a law
relating to the enforcement of judgments) refers to a thing
done by the Supreme Court; and
(b) that thing is done by another court in exercise of jurisdiction
conferred by this Act,
the reference in that provision to the Supreme Court shall be read
as a reference to that other court.
15 Suspension or cessation of operation of Act
(1) Subject to subsection (2), the Administrator may, if a notice has not
been published under subsection (4), by notice in the Gazette,
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 notice and, where such a notice is
published this Act ceases to be in force from that day until a notice
is published under subsection (3) revoking the first-mentioned
notice.
(2) The Administrator shall not make a notice under subsection (1)
having effect from a particular day unless satisfied that the
Attorney-General has given notice of his or her intention to seek the
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Jurisdiction of Courts (Cross-vesting) Act 1987 15
making of such a notice to the Commonwealth and to each other
State (other than a State in relation to which a notice under
subsection (5) has been made) not earlier than 6 months before
that day.
(3) Where the Administrator has made a notice under subsection (1),
he may, by notice in the Gazette, revoke the first-mentioned notice.
(4) Where the Administrator is satisfied that the Acts of the
Commonwealth and other States relating to cross-vesting of
jurisdiction are not effective to invest the Supreme Court of the
Northern Territory with, or confer on that Court, jurisdiction of the
Federal Court, the Family Court or a Supreme Court of another
State or of a Territory, the Administrator may, by notice in the
Gazette, declare that this Act shall, on a day specified in the notice,
cease to be in force and, where such a notice is published, this Act
ceases to be in force on that day.
(5) Where the Administrator is satisfied that an Act of the
Commonwealth or another State relating to cross-vesting of
jurisdiction has been repealed, rendered inoperative, suspended or
altered in a substantial manner, the Administrator may, by notice in
the Gazette, declare that this Act shall, on a day specified in the
notice, cease to be in force in relation to the Commonwealth or a
Territory or in relation to that State and, where such a notice is
published, this Act ceases to be in force in relation to the
Commonwealth or a Territory or that State on that day.
(6) Where:
(a) the Administrator has published a notice under subsection (5)
in relation to the Commonwealth or a Territory or a State; and
(b) is satisfied that there is in force an Act of the Commonwealth
or that State relating to cross-vesting of jurisdiction, being an
Act in terms substantially corresponding to the terms of this
Act,
the Administrator may, by notice in the Gazette, declare that this
Act again applies in relation to the Commonwealth or the Territory
or that State from a day specified in the notice and, where such a
notice is published, this Act applies in relation to the
Commonwealth or Territory or that State on and after that day.
(7) Where by virtue of this section this Act ceases to be in force either
generally or in relation to the Commonwealth, a Territory or a State,
section 12 of the Interpretation Act 1978 applies to the extent of that
cessation as if that cessation were a repeal of this Act.
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Jurisdiction of Courts (Cross-vesting) Act 1987 16
16 Transitional matters for Consumer Affairs and Fair Trading
Amendment (National Uniform Legislation) Act 2010
(1) This section applies if, on or after the commencement of this
section:
(a) a proceeding is pending in the Federal Court, Family Court,
Supreme Court or Supreme Court of another State or a
Territory; and
(b) a matter for determination in the proceeding is a matter arising
under Part V, Division 1 or 1A of the Trade Practices
Act 1974 (Cth); and
(c) no matter for determination in the proceeding is a special
federal matter; and
(d) the proceeding is not a proceeding by way of an appeal from a
judgment of a court; and
(e) a court of the State, other than the Supreme Court, has
jurisdiction in respect of all matters for determination in the
proceeding.
(2) The court mentioned in subsection (1)(a) may, on the application of
a party to the proceeding or of its own motion, transfer the
proceeding to the court mentioned in subsection (1)(e).
-- 18 of 20 --
ENDNOTES
Jurisdiction of Courts (Cross-vesting) Act 1987 17
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Jurisdiction of Courts (Cross-vesting) Act 1987 (Act No. 41, 1987)
Assent date 15 October 1987
Commenced 1 July 1988 (Gaz S32, 1 July 1988)
Jurisdiction of Courts (Cross-vesting) Amendment Act 1992 (Act No. 70, 1992)
Assent date 14 December 1992
Commenced 1 March 1993 (Gaz S19, 26 February 1993)
Statute Law Revision Act 1994 (Act No. 50, 1994)
Assent date 20 September 1994
Commenced 20 September 1994
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010
(Act No. 41, 2010)
Assent date 8 December 2010
Commenced 1 January 2011 (Gaz S71, 20 December 2010)
Justice and Other Legislation Amendment (Australian Crime Commission) Act 2017
(Act No. 9, 2017)
Assent date 31 May 2017
Commenced 31 May 2017
Interpretation Amendment Act 2021 (Act No. 28, 2021)
Assent date 15 December 2021
Commenced 1 January 2022 (s 2)
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ENDNOTES
Jurisdiction of Courts (Cross-vesting) Act 1987 18
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 15.
4 LIST OF AMENDMENTS
s 3 amd No. 50, 1994, s 16; No. 9, 2017, s 9; No. 28, 2021, s 20
s 3A ins No. 17, 2001, s 10
s 6 sub No. 70, 1992, s 3
s 10 sub No. 41, 2010, s 28
s 16 ins No. 41, 2010, s 28
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