Commonwealth Numbered Acts

RAILWAYS (SOUTH AUSTRALIA) ACT 1975 No. 69, 1975 - SECT 9

9. (1) A proceeding shall not be instituted during the interim period by or
against the Commission in respect of land or other property that vests in the
Commission by this Act if, by virtue of a law of South Australia, the
proceeding may be instituted by or against South Australia or a State
Authority but, if any proceeding instituted before or during the interim
period by or against South Australia or a State Authority in respect of such
land or other property is not completed before the declared date, the court in
which the proceeding was or is instituted shall, on or after that date,
substitute the Commission for South Australia or the State Authority as the
plaintiff or defendant, as the case may be, in the proceeding.

(2) Where a proceeding in respect of a liability or obligation to which the
Commission is made subject by this Act was or is instituted against a State
Authority before or during the interim period but was not or is not completed
before the declared date, the court in which the proceeding was or is
instituted shall, on or after that date, substitute the Commission for the
State Authority as the defendant in the proceeding.

(3) In this section, a reference to the plaintiff or the defendant in relation
to a proceeding by way of a cross-proceeding is a reference to the plaintiff
or the defendant, as the case may be, in the cross- proceeding.