Victorian Consolidated Legislation

Federal Courts (State Jurisdiction) Act 1999 - SECT 9

Section 6 regarded as having ceased to have effect in certain cases

9. Section 6 regarded as having ceased to have effect in certain cases



(1) If-

(a) before the commencement of this section, a court gave or recorded an
ineffective judgment ("the new judgment") on the basis that an earlier
ineffective judgment ("the earlier judgment") was or might be of no effect;
and



   (b)  the new judgment replaced the earlier judgment-

section 6 has no effect in respect of the earlier judgment.

(2) For the purposes of subsection (1)(b), the new judgment replaced
the earlier judgment if the new judgment-

   (a)  purportedly conferred or imposed rights or liabilities similar to or
        different from those purportedly conferred or imposed by
        the earlier judgment; or

   (b)  purportedly affected rights or liabilities in a way similar to or
        different from the way in which they were purportedly affected by
        the earlier judgment.