Commonwealth Consolidated Acts

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JUDICIARY ACT 1903 - SECT 43

Effect of interlocutory orders etc. before removal of cause

    Where a cause is removed in whole or in part   into the High Court from another court:

  (a)   every order relating to the custody or preservation of any property the subject - matter of the cause that has been made before the removal remains in force until it is discharged or varied by the High Court;

  (b)   any attachment or sequestration of the goods or estate of a defendant had in the cause before the removal holds the goods or estate so attached or sequestered to answer the final judgment of the High Court in the same manner as by law they would have been held to answer the final judgment of the court in which the cause was commenced;

  (c)   all undertakings or security given by any party in the cause before the removal remain valid and effectual; and

  (d)   all injunctions, orders and other proceedings granted, made or taken in the cause before the removal remain in full force and effect until the High Court otherwise orders.


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