Document ID: chunk:federal_register_of_legislation:C2004A00754:clause:1_11
Version: federal_register_of_legislation:C2004A00754
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 8050–10167

11  Powers of courts in relation to declared rights and liabilities

(1) The Federal Magistrates Court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by item 8 as if it were a right or liability conferred, imposed or affected by a valid judgment of the Federal Magistrates Court in or in relation to proceedings of the kind in or in relation to which the designated judgment was given.

(2) In the case of a designated judgment in a proceeding arising under the Administrative Decisions (Judicial Review) Act 1977, the Federal Court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by item 8 as if it were a right or liability conferred, imposed or affected by a valid judgment of the Federal Magistrates Court in or in relation to proceedings of the kind in or in relation to which the designated judgment was given.

(3) In the case of a designated judgment in a proceeding arising under the Family Law Act 1975, the Family Court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by item 8 as if it were a right or liability conferred, imposed or affected by a valid judgment of the Federal Magistrates Court in or in relation to proceedings of the kind in or in relation to which the designated judgment was given.

(4) In addition to its powers under subitem (1), (2) or (3), a court also has power to give a judgment achieving any other result that could have been achieved if:
 (a) the designated judgment had been a valid judgment of the Federal Magistrates Court given in or in relation to proceedings of the kind in or in relation to which the designated judgment was given; and
 (b) the first‑mentioned court had been considering whether:
 (i) to vary, revoke, set aside, revive or suspend that judgment; or
 (ii) to extend the time for the doing of anything; or
 (iii) to grant a stay of proceedings.

(5) Jurisdiction is conferred on the Federal Magistrates Court, the Federal Court and the Family Court with respect to matters arising under this item.