Document ID: chunk:federal_register_of_legislation:C2013C00166:clause:1_8:p1
Version: federal_register_of_legislation:C2013C00166
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/2)
Character Range: 15533–18038

8  Rights and liabilities of persons
(1) Subject to subitem (3), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if the following matters (the assumed matters) had been the case:
 (a) a Proclamation had been made under subsection 40(2) of the Family Law Act 1975 (as in force before the commencement of this Part), fixing 1 July 2006 as the date on and after which the jurisdiction of the Family Court under paragraph 93A(1)(aa) of that Act could be exercised, in Western Australia, in respect of appeals under subsection 94AAA(1A) of that Act;
 (b) that Proclamation had been in force at all times from the start of 1 July 2006 to the end of 20 October 2011.
(2) Without limiting the effect of subitem (1):
 (a) all persons are, by force of this item, declared to be, and always to have been, entitled to act on the basis that other persons had, and have, the rights and liabilities as declared by subitem (1); and
 (b) a right or liability that a person is declared by subitem (1) to have, or to have had:
 (i) is exercisable or enforceable; and
 (ii) is to be regarded as always having been exercisable or enforceable;
  as if the assumed matters had been the case; and
 (c) the rights and liabilities that a person is declared by subitem (1) to have, or to have had, include any right the person would have or have had, if the assumed matters had been the case, to appeal, or to seek review of, an affected order.
(3) Subitem (1) does not apply to liabilities arising from a conviction (or purported conviction), before the commencement of this Part, of a person for an offence that relates to proceedings on an appeal under subsection 94AAA(1A).
(4) Subject to subitem (5), an affected order is:
 (a) an order purportedly made, before 21 October 2011, by the Family Court in the exercise of jurisdiction under paragraph 93A(1)(aa) of the Family Law Act 1975 in respect of an appeal under subsection 94AAA(1A) of that Act; or
 (b) an order purportedly made, before the commencement of this Part, on appeal from, or review of, an order referred to in paragraph (a) of this subitem.
(5) If, before the commencement of this Part, a court or Registrar purported to vary, revoke, set aside, revive or suspend an order referred to in subitem (4), the affected order is that order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.
Note: If the affected order was declared or