Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 95A]
Savings and transitional provisions
Corporations (Western Australia) Amendment Act 1995
[Heading inserted by No. 28 of 1995
s. 22]
In this
Schedule —
Court means the Federal Court of Australia or the
Supreme Court of a State or Territory;
jurisdiction amendments means the amendments made
to this Act by sections 4 to 17 of the Corporations (Western Australia)
Amendment Act 1995 ;
jurisdiction commencement means the commencement
of the jurisdiction amendments.
[Clause 1 inserted by No. 28 of 1995
s. 22.]
2 . Application of jurisdiction
amendments — general
The jurisdiction
amendments apply to proceedings commenced, or recommenced, after the
jurisdiction commencement, whether the cause of action arose before or after
that commencement.
[Clause 2 inserted by No. 28 of 1995
s. 22.]
3 . Effect of decision that court did not have
jurisdiction
(1) This clause
applies if —
(a)
before the jurisdiction commencement, proceedings in respect of a civil matter
under the Corporations Law of Western Australia were commenced in a court (the
first court ) other than the Court; and
(b) the
first court, or another court on appeal from a decision of the first court,
decided before the jurisdiction commencement that the first court did not have
jurisdiction in respect of the matter; and
(c) the
decision that the first court did not have jurisdiction still stands at the
jurisdiction commencement; and
(d) the
first court would have had jurisdiction in respect of the matter if the
jurisdiction amendments had commenced before the cause of action arose.
(2) The validity of
the decision that the first court did not have jurisdiction is not affected by
the jurisdiction amendments.
(3) That decision does
not affect a recommencement of the proceedings after the jurisdiction
commencement.
[Clause 3 inserted by No. 28 of 1995
s. 22.]
4 . Effect of absence of decision that court did
not have jurisdiction
(1) This clause
applies if —
(a)
before the jurisdiction commencement, proceedings in respect of a civil matter
under the Corporations Law of Western Australia were commenced in a court (the
first court ) other than the Court; and
(b)
either —
(i)
no court expressly decided, before the jurisdiction
commencement, whether the first court had jurisdiction in respect of the
matter; or
(ii)
a decision of the first court, or of another court on
appeal from a decision of the first court, that the first court did have
jurisdiction in respect of the matter still stands at the jurisdiction
commencement.
(2) For the purposes
of any consideration by a court, after the jurisdiction commencement, of
whether the first court had jurisdiction in respect of the matter, the first
court is taken to have had jurisdiction in respect of the matter if it would
have had that jurisdiction if the jurisdiction amendments had commenced before
the cause of action arose.
[Clause 4 inserted by No. 28 of 1995
s. 22.]