CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1382 Definitions

Commonwealth Numbered Acts

Definitions

(1) In this Division:

"appeal or review proceeding", in relation to an order of a court, means a proceeding by way of appeal, or otherwise seeking review, of the order.

"enforcement proceeding", in relation to an order made by a court, means:

"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.

"interlocutory application" means an application that:

(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;

but not including an order making a final determination of existing rights or liabilities.

"interlocutory order" means:

"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.

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