South Australian Consolidated Acts

FEDERAL COURTS (STATE JURISDICTION) ACT 1999 - SECT 9

9—Section 6 regarded as having ceased to have effect in certain cases

        (1)         If—

            (a)         before the commencement of this section, a court gave or recorded an ineffective judgment ("the new judgment") on the basis that an earlier ineffective judgment ("the earlier judgment") was or might be of no effect; and

            (b)         the new judgment replaced the earlier judgment,

section 6 has no effect in respect of the earlier judgment.

        (2)         For the purposes of subsection (1)(b), the new judgment replaced the earlier judgment if the new judgment—

            (a)         purportedly conferred or imposed rights or liabilities similar to or different from those purportedly conferred or imposed by the earlier judgment; or

            (b)         purportedly affected rights or liabilities in a way similar to or different from the way in which they were purportedly affected by the earlier judgment.