Section 138C — Competition and Consumer Act 2010 (Cth)

(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.

Related sections

• s 138 — Conferring jurisdiction on the Federal Court
• s 138A — Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)
• s 138B — Conferring jurisdiction on State and Territory Courts
• s 138D — Transfer of matters by a State or Territory court
• s 138E — Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)
• s 139 — Intervention by the Commission

Research how courts apply s 138C

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