Document ID: chunk:federal_register_of_legislation:C2025C00182:section:267:p2
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 267 (pt 2/2)
Character Range: 661685–663686

legislation, because of section 277 or 284, 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 continued 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 ASIC legislation.