Victorian Consolidated Legislation

Federal Courts (State Jurisdiction) Act 1999 - SECT 10

Powers of Supreme Court in relation to declared rights and liabilities

10. Powers of Supreme Court in relation to declared rights and liabilities



(1) The Supreme Court may vary, revoke, set aside, revive or suspend a right
or liability conferred, imposed or affected by section 6 as if it were a right
or liability validly conferred, imposed or affected by the Supreme Court in or
in relation to proceedings of the kind in or in relation to which the
ineffective judgment was given or recorded.

(2) In addition to its powers under subsection (1), the Supreme Court also has
power to give a judgment achieving any other result that could have been
achieved if-

   (a)  the ineffective judgment had been a valid judgment of the Supreme
        Court given in or in relation to proceedings of the kind in or in
        relation to which the ineffective judgment was given or recorded; and



   (b)  the Supreme 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 any thing; or

   (iii) to grant a stay of proceedings.