Document ID: chunk:federal_register_of_legislation:C2004A00754:clause:1_7
Version: federal_register_of_legislation:C2004A00754
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 3778–5507

7  Designated judgment

(1) For the purposes of this Part, if:
 (a) before the commencement of this item:
 (i) a proceeding arising under the Administrative Decisions (Judicial Review) Act 1977 was transferred to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; and
 (ii) the Federal Magistrates Court did not have jurisdiction to hear and determine the proceeding; and
 (iii) the Federal Magistrates Court purported to give judgment in the proceeding; and
 (b) the Federal Magistrates Court would have had jurisdiction to hear and determine the proceeding if subsections 3(11) and (12) of the Administrative Decisions (Judicial Review) Act 1977 had been in force at the time of the transfer;
the judgment is a designated judgment.

(2) If:
 (a) before the commencement of this item:
 (i) a proceeding arising under the Family Law Act 1975 was transferred to the Federal Magistrates Court under section 33B of the Family Law Act 1975; and
 (ii) the Federal Magistrates Court did not have jurisdiction to hear and determine the proceeding; and
 (iii) the Federal Magistrates Court purported to give judgment in the proceeding; and
 (b) the Federal Magistrates Court would have had jurisdiction to hear and determine the proceeding if subsection 39(5AA) of the Family Law Act 1975 had been in force at the time of the transfer;
the judgment is a designated judgment.

(3) If a court has purported to affirm, revoke, set aside, reverse, vary, revive or suspend a designated judgment, a reference in this Part to the designated judgment is a reference to the designated judgment in the form in which, and to the extent to which, it purports or purported to have effect from time to time.