Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:10_114ml
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 10 cl 114ML
Character Range: 277931–279074

114ML  Powers of courts in relation to declared rights and liabilities

 (1) A court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by section 114MI in relation to an ineffective order of a court of summary jurisdiction as if it were a right or liability conferred, imposed or affected by an order made by that court of summary jurisdiction, in the exercise of its federal family jurisdiction, in or in relation to the proceedings for the order.

 (2) In addition to its powers under subsection (1), a court (the review court) also has power to make an order achieving any other result that could have been achieved if:
 (a) the ineffective order had been an order made by a court of summary jurisdiction, in the exercise of its federal family jurisdiction, in or in relation to the proceedings for the order; and
 (b) the review 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 anything in relation to the proceedings for the order; or
 (iii) to grant a stay of the proceedings for the order.