corporations legislationproceedings other than federal corporations
proceedings (1) This section applies to a proceeding, other than a
federal corporations proceeding, in relation to which the following paragraphs
are satisfied:
- (a)
- the proceeding was started in a court before the
commencement; and
- (b)
- the proceeding was:
- (i)
- under a provision of the old corporations legislation of a State or
Territory in this jurisdiction; or
- (ii)
- brought as, or connected with, a prosecution for an offence against a
provision of the old corporations legislation of a State or Territory in this
jurisdiction; and
- (c)
- the proceeding was not an enforcement proceeding, or an appeal or review
proceeding, in relation to an order of a court; and
- (d)
- the proceeding had not been concluded or terminated before the
commencement; and
- (e)
- either:
- (i)
- if the proceeding is a primary proceedingno final determination of
any of the existing rights or liabilities at issue in the proceeding had been
made before the commencement; or
- (ii)
- if the proceeding is an interlocutory proceedingthis section
applies to the primary proceeding to which the interlocutory proceeding
relates.
(2) In this section:
- (a)
- the proceeding to which this section applies is
called the old proceeding ; and
- (b)
- the provision of the old corporations legislation referred to in whichever
of subparagraphs (1)(b)(i) and (ii) applies is called the relevant old
provision .
(3) A proceeding (the new proceeding ) equivalent to the old proceeding is, on
the commencement, taken to have been brought in the same court, exercising
federal jurisdiction:
- (a)
- if subparagraph (1)(b)(i) appliesunder
the provision of the new corporations legislation that corresponds to the
relevant old provision; or
- (b)
- if subparagraph (1)(b)(ii) appliesas, or connected with, a
prosecution for an offence against the provision of the new corporations
legislation that corresponds to the relevant old provision.
To the extent that the old proceeding, before the commencement, related to
pre-commencement rights or liabilities, the new proceeding relates to the
substituted rights and liabilities in relation to those pre-commencement
rights or liabilities
- Note 1: See sections 1400 and 1401 for the creation of substituted rights
and liabilities.
Note 2: In all cases, there will be a provision of the new corporations
legislation that corresponds to the relevant old provision, either because:
(a) the new corporations legislation actually contains a provision that
corresponds to the relevant old provision; or (b) the
new corporations legislation, because of section 1401 or 1408, is taken
to include the relevant old provision (whether with or without modifications),
in which case the provision so taken to be included will be the corresponding
provision.
(4) The following provisions apply in relation to the new
proceeding:
- (a)
- the parties to the new proceeding are the same as the
parties to the old proceeding;
- (b)
- subject to subsections (5) and (6), and to any order to the contrary
made by the court, the court must deal with the new proceeding as if the steps
that had been taken for the purposes of the old proceeding before the
commencement had been taken for the purposes of the new proceeding.
(5) If:
- (a)
- an interlocutory order was made before the commencement for the
purpose of, or in relation to, the old proceeding; and
- (b)
- that interlocutory order was in force immediately before the commencement;
the rights and liabilities of all persons (including rights and liabilities
arising wholly or partly because of conduct occurring before the commencement)
are declared to be, for all purposes, the same as if the interlocutory order
had instead been made by the same court, in the exercise of federal
jurisdiction, for the purpose of, or in relation to, the new proceeding.
(6) The court may make orders doing all or any of the following:
- (a)
- cancelling or varying rights or liabilities that a person has because of
subsection (5);
- (b)
- substituting other rights or liabilities for rights or liabilities a
person has because of subsection (5);
- (c)
- adding rights or liabilities to the rights or liabilities a person has
because of subsection (5);
- (d)
- enforcing, or otherwise dealing with conduct contrary to, a right or
liability a person has because of subsection (5) in the same way as it
could enforce, or deal with, the right, liability or conduct if the right or
liability had arisen under or because of an order made by the court in the
exercise of federal jurisdiction under the new corporations legislation.