Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1383:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1383 (pt 1/2)
Character Range: 5801456–5804415

1383  Treatment of court proceedings under or related to the old corporations legislation—proceedings other than federal corporations proceedings
 (1) This section applies to a proceeding, other than a federal corporations proceeding, in relation to which the following paragraphs are satisfied:
 (a) the proceeding was started in a court before the commencement; and
 (b) the proceeding was:
 (i) under a provision of the old corporations legislation of a State or Territory in this jurisdiction; or
 (ii) brought as, or connected with, a prosecution for an offence against a provision of the old corporations legislation of a State or Territory in this jurisdiction; and
 (c) the proceeding was not an enforcement proceeding, or an appeal or review proceeding, in relation to an order of a court; and
 (d) the proceeding had not been concluded or terminated before the commencement; and
 (e) either:
 (i) if the proceeding is a primary proceeding—no final determination of any of the existing rights or liabilities at issue in the proceeding had been made before the commencement; or
 (ii) if the proceeding is an interlocutory proceeding—this section applies to the primary proceeding to which the interlocutory proceeding relates.
 (2) In this section:
 (a) the proceeding to which this section applies is called the old proceeding; and
 (b) the provision of the old corporations legislation referred to in whichever of subparagraphs (1)(b)(i) and (ii) applies is called the relevant old provision.
 (3) A proceeding (the new proceeding) equivalent to the old proceeding is, on the commencement, taken to have been brought in the same court, exercising federal jurisdiction:
 (a) if subparagraph (1)(b)(i) applies—under the provision of the new corporations legislation that corresponds to the relevant old provision; or
 (b) if subparagraph (1)(b)(ii) applies—as, or connected with, a prosecution for an offence against the provision of the new corporations legislation that corresponds to the relevant old provision.
To the extent that the old proceeding, before the commencement, related to pre‑commencement rights or liabilities, the new proceeding relates to the substituted rights and liabilities in relation to those pre‑commencement rights or liabilities
Note 1: See sections 1400 and 1401 for the creation of substituted rights and liabilities.
Note 2: In all cases, there will be a provision of the new corporations legislation that corresponds to the relevant old provision, either because:
(a) the new corporations legislation actually contains a provision that corresponds to the relevant old provision; or
(b) the new corporations legislation, because of section 1401 or 1408, is taken to include the relevant old provision (whether with or without modifications), in which case the provision so taken to be included will be the corresponding provision.
 (4) The following provisions apply in relation to the new proceeding:
 (a) the parties