FEDERAL COURTS (STATE JURISDICTION) ACT 1999 - SECT 7 Effect of declared rights and liabilities

FEDERAL COURTS (STATE JURISDICTION) ACT 1999 - SECT 7

7 Effect of declared rights and liabilities

(1) A right or liability conferred, imposed or affected by section 6:

(a) is exercisable or enforceable, and

(b) is to be regarded as always having been exercisable or enforceable,

as if it were a right or liability conferred, imposed or affected by a judgment of the Supreme Court.

(2) Without limiting section 6 or subsection (1) of this section, the rights and liabilities conferred, imposed or affected by section 6 include the right of a person who was a party to the proceeding or purported proceeding in which the ineffective judgment was given or recorded to appeal against that judgment.

(3) For the purposes of subsection (2), each ineffective judgment of:

(a) the Federal Court of Australia, otherwise than as a Full Court of the Federal Court of Australia, or

(b) the Family Court of Australia, otherwise than as a Full Court of the Family Court of Australia,

is deemed to be a judgment of the Supreme Court in a Division constituted by a Judge of the Supreme Court.