Document ID: chunk:federal_register_of_legislation:C2004A01262:clause:1_87
Version: federal_register_of_legislation:C2004A01262
Segment Type: clause
Provision Reference: sch 1 cl 87
Character Range: 43618–44331

87  Transfer of pending proceedings

(1) This item applies if, as a result of a declaration made under this Part, the Commonwealth becomes the successor in law of either the Commission or the Organisation (the original entity) on and after the proclamation day in relation to a particular asset or liability.

(2) If any proceedings to which the original entity was a party:
 (a) were pending in any court or tribunal immediately on the proclamation day; and
 (b) related, in whole or in part, to the asset or liability;
then the Commonwealth is, by force of this subitem, substituted for the original entity as a party to the proceedings to the extent to which the proceedings relate to the asset or liability.