Jurisdiction of Courts (Cross-vesting) Act 1987 (Qld)

Jurisdiction of Courts (Cross-vesting) Act 1987

An Act to provide for 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— (a) to establish a system of cross-vesting of jurisdiction between those courts, without detracting from the existing jurisdiction of any court; and (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 the Commonwealth or another 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.

1 Short title This Act may be cited as the Jurisdiction of Courts (Cross-vesting) Act 1987.

2 Commencement (1) Section 1 and this section shall commence on the date on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by proclamation.

3 Interpretation (1) In this Act— 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 has the same meaning as in the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth). State includes the Northern Territory and the Australian Capital 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 (Cwlth) applies by virtue of a proclamation made under section 41(2) of that Act. State 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. Territory does not include the Northern Territory or the Australian Capital Territory. (2) A reference in this Act, other than a reference in section 4(1), 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.