Document ID: chunk:federal_register_of_legislation:C2004A04777:front:0:p4
Version: federal_register_of_legislation:C2004A04777
Segment Type: other
Provision Reference: 
Character Range: 8021–10934

This section applies if:

     (a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of the Capital Territory were commenced in a court (the "first court") other than the Court; and

     (b) the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter; and

     (c) the decision that the first court did not have jurisdiction still stands at the jurisdiction commencement; and

     (d) the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.

(2) The validity of the decision that the first court did not have jurisdiction is not affected by the jurisdiction amendments.

(3) That decision does not affect a recommencement of the proceedings after the jurisdiction commencement.

Effect of absence of decision that court did not have jurisdiction

  16.(1) This section applies if:

     (a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of the Capital Territory were commenced in a court (the "first court") other than the Court; and

  (b) either:

        (i) no court expressly decided, before the jurisdiction commencement, whether the first court had jurisdiction in respect of the matter; or

        (ii) a decision of the first court, or of another court on appeal from a decision of the first court, that the first court did have jurisdiction in respect of the matter still stands at the jurisdiction commencement.

(2) For the purposes of any consideration by a court, after the jurisdiction commencement, of whether the first court had jurisdiction in respect of the matter, the first court is taken to have had jurisdiction in respect of the matter if it would have had that jurisdiction if the jurisdiction amendments had commenced before the cause of action arose.

Division 2—Amendments relating to unclaimed property

Saving provision relating to repeal of section 71

17. Despite the repeal of section 71 of the Corporations Act by item 1 of Schedule 7, the Companies Unclaimed Money Account continues in existence, and that section continues to apply to it, until all the money in the Account has been dealt with in accordance with subsection 1404(1) of the Corporations Law of each jurisdiction.

                         SCHEDULE 1 Section 4

AMENDMENTS OF CORPORATIONS ACT AND CORPORATIONS
LAW RELATING TO CIVIL JURISDICTION OF LOWER COURTS

PART 1—AMENDMENTS OF CORPORATIONS ACT

1. Paragraph 49(1)(a):

Omit "matters other than criminal matters (in this Division called 'civil' matters)", substitute "civil matters".

2. Subsection 50(1):

  Insert:

" 'civil matter' means a matter other than a criminal matter;

'Corporations Law' has the