3A Courts to have concurrent jurisdiction

(1)

Subject to the succeeding provisions of this section, the High Court and the Family Court shall each have jurisdiction in respect of proceedings under this Act.

(2)

The Family Court shall not have jurisdiction in respect of any application under this Act if, at the date of the filing of the application, proceedings relating to the same matter have already been commenced in the High Court.

(3)

Notwithstanding anything in subsection (1), if a Family Court Judge is of the opinion that any proceedings under this Act, or any question in any such proceedings, would be more appropriately dealt with in the High Court, the Judge may, upon application by any party to the proceedings or without any such application, refer the proceedings or the question to the High Court.

(4)

The High Court, upon application by any party to any proceedings pending under this Act in the Family Court, shall order that the proceedings be removed into the High Court unless it is satisfied that the proceedings would be more appropriately dealt with in the Family Court. Where the proceedings are so removed, they shall be continued in the High Court as if they had been properly and duly commenced in that court.

Section 3A: inserted, on 1 July 1992, by section 3 of the Family Protection Amendment Act 1991 (1991 No 65).

Section 3A(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 3A(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 3A(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).