CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1382 Definitions
CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1382
Definitions(1) In this Division:
- (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;
- (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.
- (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;
- (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:
-
"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.