Western Australian Consolidated Acts

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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 Commonwealth 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.



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