Document ID: chunk:federal_register_of_legislation:C2016C01084:section:11:p2
Version: federal_register_of_legislation:C2016C01084
Segment Type: section
Provision Reference: s 11 (pt 2/2)
Character Range: 29098–31071

State or of a Territory.
 (3) Proceedings in respect of a cause of action arising under this section (in this subsection referred to as costs proceedings) in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted, notwithstanding that the foreign proceedings are still pending, in respect of recoverable costs and expenses that have been incurred by a defendant in the foreign proceedings at any time before he or she institutes the costs proceedings (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection), and the institution of costs proceedings under this section in relation to foreign proceedings that are still pending does not prevent the defendant from instituting costs proceedings, after judgment has been given in the foreign proceedings or the foreign proceedings have been discontinued or otherwise terminated, in respect of recoverable costs and expenses (other than recoverable costs and expenses in respect of which costs proceedings have previously been instituted as provided by this subsection).
 (4) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) may be instituted by a defendant in the foreign proceedings notwithstanding that judgment has been given in favour of the plaintiff in the foreign proceedings.
 (5) Proceedings in respect of a cause of action arising under this section in relation to proceedings instituted in or before a foreign court (in this subsection referred to as the foreign proceedings) shall not be commenced after the expiration of the period of 3 years commencing on the date on which judgment is given in the foreign proceedings, or the foreign proceedings are discontinued or otherwise terminated.