Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 57H

Powers of Magistrates' Court in relation to rights and liabilities

    (1)     The Magistrates' Court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by section 57F as if it were a right or liability validly conferred, imposed or affected by the Magistrates' Court in or in relation to a substituted proceeding of the kind in relation to which the invalid Tribunal decision was made.

    (2)     In addition to its powers under subsection (1), the Magistrates' Court also has power to make an order achieving any other result that could have been achieved if—

        (a)     the invalid Tribunal decision had been a valid order of the Magistrates' Court made in or in relation to a substituted proceeding of the kind in or in relation to which the invalid Tribunal decision was made; and

        (b)     the Magistrates' Court had been considering whether—

              (i)     to vary, revoke, set aside, revive or suspend that order; or

              (ii)     to extend the time for the doing of any thing; or

              (iii)     to grant a stay of the proceeding.

S. 57I inserted by No. 31/2021 s. 3.



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