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CORPORATIONS ACT 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.1 - TRANSITION FROM THE OLD CORPORATIONS LEGISLATION  

Division 4 - Court proceedings and orders  

SECTION 1384  TREATMENT OF COURT PROCEEDINGS UNDER OR RELATED TO THE OLD CORPORATIONS LEGISLATION - FEDERAL CORPORATIONS PROCEEDINGS  

1384(1)  [Application]  


This section applies to a proceeding in relation to which the following paragraphs are satisfied:


(a) the proceeding was started in a court before the commencement; and


(b) the proceeding was a federal corporations proceeding that related to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied; and


(c) the proceeding had not been concluded or terminated before the commencement.

1384(2)  [``continued proceeding''; ``relevant old provision'']  


In this section:


(a) the proceeding to which this section applies is called the continued proceeding; and


(b) the provision of the old corporations legislation referred to in paragraph (1)(b) is called the relevant old provision.

1384(3)  [Treatment of continued proceeding]  


Subject to subsection (4):


(a) the continued proceeding continues after the commencement in the same court as if it were, and always had been, a proceeding in relation to a matter to which the provision of the new corporations legislation that corresponds to the relevant old provision applies; and


(b) to the extent that the proceeding, before the commencement, related to pre-commencement rights or liabilities, the proceeding, as continued, relates, and as so continuing is taken always to have related, to the substituted rights and liabilities in relation to those pre-commencement rights or liabilities.

Note 1: See sections 1400 and 1401 for the creation of substituted rights and liabilities.

Note 2: In all cases, there will be a provision of the new corporations legislation that corresponds to the relevant old provision, either because:

(a) the new corporations legislation actually contains a provision that corresponds to the relevant old provision; or
(b) the new corporations legislation, because of section 1401 or 1408, is taken to include the relevant old provision (whether with or without modifications), in which case the provision so taken to be included will be the corresponding provision.

1384(4)  [Dealing with continued proceeding]  


Subject to any order to the contrary made by the court, the court must deal with the continued proceeding as if:


(a) the steps that had been taken for the purposes of the proceeding before the commencement had been taken for the purpose of the proceeding as continued by this section; and


(b) any orders made in relation to the proceeding before the commencement had been made in relation to the proceeding as continued by this section.

 



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