CORPORATIONS ACT 2001 - SECT 1382 Definitions

CORPORATIONS ACT 2001 - SECT 1382

  (1)   In this Division:

"appeal or review proceeding" , in relation to an order of a court, means a proceeding by way of appeal, or otherwise seeking review, of the order.

"enforcement proceeding" , in relation to an order made by a court, means:

  (a)   a proceeding to enforce the order; or

  (b)   any other proceeding in respect of a breach of the order.

"federal corporations proceeding" means a proceeding of any of the following kinds that, immediately before the commencement, was before a court:

  (a)   a proceeding in respect of a matter arising under the Administrative Decisions (Judicial Review) Act 1977 involving or related to a decision made under a provision of the old corporations legislation of a State or Territory in this jurisdiction;

  (b)   a proceeding for a writ of mandamus or prohibition, or an injunction, against an officer or officers of the Commonwealth (within the meaning of section   75 of the Constitution) in relation to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied;

  (ba)   a proceeding that relates to a matter to which a provision of the Corporations Act 1989 applied (other than a proceeding that relates to a matter to which a provision of the Corporations Law of the Australian Capital Territory applied);

  (bb)   a proceeding in relation to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied:

  (i)   in which the Commonwealth was seeking an injunction or a declaration; or

  (ii)   to which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, was a party;

  (bc)   any other proceeding in relation to a matter to which a provision of the old corporations legislation of a State in this jurisdiction applied that was in the exercise of federal jurisdiction;

  (bd)   any other proceeding in relation to a matter to which a provision of the old corporations legislation of a Territory in this jurisdiction applied that would be covered by paragraph   (bc) if the Territory had been a State;

  (c)   a proceeding in the court's accrued federal jurisdiction in relation to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied.

"interlocutory application" means an application that:

  (a)   is made during the course of a proceeding; and

  (b)   is for an order that is incidental to the principal object of that proceeding, including, for example:

  (i)   an order about the conduct of that proceeding; or

  (ii)   an order assisting a party to that proceeding to present their case in that proceeding; or

  (iii)   an order protecting or otherwise dealing with property that is the subject matter of that proceeding;

    but not including an order making a final determination of existing rights or liabilities.

"interlocutory order" means:

  (a)   an order made in relation to an interlocutory application; or

  (b)   an order or direction about the conduct of a proceeding.

"interlocutory proceeding" means a proceeding:

  (a)   dealing only with; or

  (b)   to the extent it deals with;

an interlocutory application.

"primary proceeding" means a proceeding other than an interlocutory proceeding.

"proceeding" means a proceeding, whether criminal or civil, before a court.

  (2)   For the purposes of this Part, if an interlocutory proceeding relates to a proceeding that is itself an interlocutory proceeding, the first - mentioned proceeding is taken to relate also to the primary proceeding to which the second - mentioned proceeding relates.