Document ID: chunk:federal_register_of_legislation:C2004A05165:clause:1_34t
Version: federal_register_of_legislation:C2004A05165
Segment Type: clause
Provision Reference: sch 1 cl 34T
Character Range: 48900–49832

34T  Transfer of pending proceedings

 (1) This section applies if, as a result of a declaration made by the Minister for Finance under this Part, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.

 (2) If any proceedings to which the original person was a party:
 (a) were pending in any court or tribunal immediately before that time; and
 (b) related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;
then, unless the Minister for Finance otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.