Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 1617

Old Act continues to apply in relation to ongoing proceedings before a court--general rule

             (1)  This section applies if proceedings are brought under the old Act in a court (on application or on the initiative of the court) in relation to the external administration of a company either:

                     (a)  before the commencement day; or

                     (b)  on or after the commencement day (in accordance with a provision of this Division).

             (2)  Subject to this Part, nothing in Schedule 2 to the Insolvency Law Reform Act 2016 affects:

                     (a)  the proceedings; or

                     (b)  the power of the court to make orders in relation to the proceedings; or

                     (c)  any orders made by the court in relation to the proceedings; or

                     (d)  any enforcement in relation to, or as a result of, the proceedings (including giving effect to any court orders); or

                     (e)  any appeal or review in relation to the proceedings.

             (3)  Subject to this Part, the old Act continues to apply on and after the commencement day in relation to the proceedings despite the amendments and repeals made by Schedule 2 to the Insolvency Law Reform Act 2016 .

             (4)  In this section:

"proceedings" include civil and criminal proceedings, inquiries by the court, enforcement processes and any other processes.



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