Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:10_114mj
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 10 cl 114MJ
Character Range: 274886–275858

114MJ  Effect of declared rights and liabilities

 (1) A right or liability conferred, imposed or affected by section 114MI in relation to an ineffective order of a court of summary jurisdiction:
 (a) is exercisable or enforceable; and
 (b) is to be regarded as always having been exercisable or enforceable;
as if it were a right or liability conferred, imposed or affected by an order made by that court, in the exercise of its federal family jurisdiction, in or in relation to the proceedings for the order.

 (2) The rights and liabilities conferred, imposed or affected by section 114MI include (but are not limited to) the right of a person who was a party to the proceeding or purported proceeding in which the ineffective order was made to appeal against that order.

 (3) In this section:

enforceable includes able to be dealt with by proceedings under:
 (a) Division 13A of Part VII; or
 (b) Division 2 of Part XIIIA;
relating to a contravention of an order.